NCS000442_Rocky Mount Council Resolution_20210916

R-2021-42
RESOLUTION AFFIRMING THE CITY OF ROCKY MOUNT'S CITY COUNCIL
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 City of Rocky
Mount National Pollutant Discharge Elimination System (NPDES)
Municipal Separate Storm Sewer System (MS4) Permit number NCS0004442
to discharge stormwater, inclusive of the required Stormwater
Management Plan to be prepared by the City of Rocky Munt 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 separate 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 CITY OF ROCKY MOUNT its fourth NPDES MS4 Permit for
discharge of stormwater on February 20th, 2017; and
WHEREAS, the CITY OF ROCKY MOUNT was issued Notice of Violation
number NOV-2021-PC-0343 on July 29th, 2021 for noncompliance with the
issued NPDES MS4 Permit; and
WHEREAS, the CITY OF ROCKY MOUNT acknowledges the specific Notice
of Violation requirement to obtain a new individual NPDES MS4 Permit;
and
WHEREAS, the CITY OF ROCKY MOUNT 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 November 29th, 2021 for review and approval; and
WHEREAS, the CITY OF ROCKY MOUNT acknowledges the specific Notice
of violation requirement to adopt a Council Resolution to implement a
compliant and enforceable stormwater management program as defined by
both the NPDES MS4 Permit number NCS000442 and the required new
Stormwater Management Plan, and said resolution is to be submitted to
the North Carolina Department of Environmental Quality no later than
September 29th, 2021; and
WHEREAS, the CITY OF ROCKY MOUNT 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 CITY OF ROCKY MOUNT acknowledges that North Carolina
Department of Environmental Quality enforcement action and penalties
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R-2021-42
could result from non-compliance with the specific requirements in
Notice of Violation number NOV-2021-PC-0343; and
WHEREAS, the CITY OF ROCKY MOUNT 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 Council of the CITY OF
ROCKY MOUNT hereby affirms its support for development and
implementation of a compliant NPDES MS4 Stormwater Program.
Adopted this 23Zd day of August, 2021.
ATTEST:
o -
Pamela 0. Casey
City Clerk
OLf C...
C. Saunders Roberson, Jr.
Mayor
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