NCS000450_Carrboro Council Resolution_20201112

A motion was made by Council Member Slade, seconded by Council Member Seils, to
approve the following resolution:

A RESOLUTION REAFFIRMING TOWN OF CARRBORO SUPPORT REGARDING
IMPLEMENTATION OF A COMPLIANT NPDES MS4 STORMWATER PROGRAM

A RESOLUTION to develop and implement a compliant stormwater management program that meets
the requirements of the Town of Carrboro National Pollutant Discharge Elimination System (NPDES)
Municipal Storm Sewer System (MS4) Permit number NCS000450 to discharge stormwater, inclusive
of the required Stormwater Management Plan to be prepared by the Town of Carrboro and approved by
the North Carolina Department of Environmental Quality.

WHEREAS, Section 402(p) of the Federal Clean Water Act requires NPDES permits for stormwater
discharges from municipal storm sewer systems; and

WHEREAS, in North Carolina, NPDES Permits are issued by the North Carolina Department of
Environmental Quality; and

WHEREAS, the North Carolina Department of Environmental Quality issued the Town of Carrboro its
third NPDES MS4 Permit for discharge of stormwater on February 20, 2017; and

WHEREAS, the Town of Carrboro was issued Notice of Violation number NOV-2020- PC-0457 on
November 02, 2020 for noncompliance with the issued NPDES MS4 Permit; and

WHEREAS, the Town of Carrboro acknowledges the specific Notice of Violation requirement to obtain
a new individual NPDES Permit; and

WHEREAS, the Town of Carrboro acknowledges the specific Notice of Violation requirement to
conduct a self-audit of permit compliance for the balance of permit requirements not specifically audited
by the North Carolina Department of Environmental Quality, and to develop a draft Stormwater
Management Plan to comply with Section 402(p)(3)(B)(iii) of the Clean Water Act,40 CFR 122.34(b)
and NPDES MS4 Permit requirements, and to submit its draft Stormwater Management Plan to the
North Carolina Department of Environmental Quality no later than 120 days from November 2, 2020
for review and approval; and

WHEREAS, the Town of Carrboro acknowledges the specific Notice of Violation requirement to adopt
a Town Council Resolution to implement a compliant and enforceable stormwater management program
as define by both the NPDES MS4 Permit number NCS000450 and the required new Stormwater
Management Plan, and said resolution be submitted to the North Carolina Department of Environmental
Quality no later than 60 days from November 2, 2020; and

WHEREAS, the Town of Carrboro acknowledges the requirement to provide adequate funding and
staffing to implement a Stormwater Management Program that complies with its NPDES MS4 Permit
and approved Stormwater Management Plan, and

WHEREAS, the Town of Carrboro acknowledges that the North Carolina Department of Environmental
Quality enforcement action and penalties could result from non-compliance with the specific
requirements in Notice of Violation number NOV-2020-PC-0457; and

WHEREAS, the Town of Carrboro acknowledges that any North Carolina Department of Environmental
Quality enforcement action and penalties may not prohibit the U.S. Environmental Protection Agency
from taking its own enforcement action for non-compliance with the issued NPDES MS4 Permit.
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Carrboro hereby
reaffirms its support for the development and implementation of a compliant NPDES MS4 Stormwater
Program.

Adopted this 10th day of November, 2020.

Ayes: Mayor Lydia Lavelle, Council Member Barbara Foushee, Council Member Jacquelyn Gist,
Council Member Randee Haven-O’Donnell, Council Member Susan Romaine, Council Member Damon
Seils, Council Member Sammy Slade