NCS000428_Spring Lake Council Resolution_20220125

RESOLUTION (2022) 2 CONFI RMING THE TOWN OF SPRING LAKE BOARD OF
ALDERMEN WILL SUPPORT THE IMPLEMENTATION OF A COMPLIANT NPDES
MS4 STORMWATER PROGRAM
WHEREAS, a resolution to develop and implement a compliant stormwater management
program that meets the requirements of The Town of Spring Lake National Pollutant Discharge
Elimination System (NPDES) Municipal Separate Stormwater (MS4} Permit# NCS000438 to
discharge stormwater, inclusive of the required Stormwater Management Plan (SWMP} to be
prepared by The Town of Spring Lake Stormwater Administration and Water Resources, and
approved by the North Carolina Department of Environmental Quality (NCDEQ}; and
WHEREAS, Section 402(p} of the federal Clean Water Act requires NPDES permits for
stormwater discharges from MS4s; and
WHEREAS, in North Carolina, NPDES permits are issued by the North Carolina Department of
Environmental Quality (NCDEQ); and
WHEREAS, the North Carolina Department of Environmental Quality issued The Town of Spring
Lake its third NPDES MS4 Permit for discharge of stormwater on February 20, 2017; and
WHEREAS, The Town of Spring Lake was issued Notice of Violation# NOV-2021-PC-0530 on
November 16, 2021 for non-compliance with the issued NPDES MS4 permit; and
WHEREAS, The Town of Spring Lake acknowledges the specific Notice of Violation requirement
to obtain a new individual NPDES MS4 Permit; and
WHEREAS, The Town of Spring Lake acknowledges the specific Notice of Violation requirement
to conduct a self-audit of permit compliance for the balance of the permit requirements not
specifically audited by the North Carolina Department of Environmental Quality, and to develop
a draft Stormwater Management Plan (SWMP} to comply with Section 402(p)(3)(B}(iii) of the
Clean Water Act, 40 CFR 122.34(b) and NPDES MS4 requirements, and to submit its SWMP to
the North Carolina Department of Environmental Quality no later than March 21, 2022 for
review and approval; and
WHEREAS, The Town of Spring Lake acknowledges the specific Notice of Violation requirement
to adopt a Board Resolution to implement a compliant and enforceable stormwater
management program as defined by both the NPDES MS4 Permit NCS00438 and the required
new Stormwater Management Plant, and said resolution is to be submitted to the North
Carolina Department of Environmental Quality no later than January 18, 2021; and
WHEREAS, The Town of Spring Lake acknowledges the requirements 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 Spring Lake acknowledges that 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-2021-PC-0530; and
WHEREAS, The Town of Spring Lake acknowledges that any North Carolina Department of
Environmental Quality enforcement action and penalties may not prohibit the US
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 BOARD OF ALDERMEN OF THE TOWN OF
SPRING LAKE, HEREBY AFFIRMS TO SUPPORT THE DEVELOPMENT AND IMPLEMENTATION OF
A COMPLIANT NPDES MS4 STORMWATER PROGRAM.
Duly Adopted, this the 24th day of January, 2022.
Town of Spring Lake
By:,, { ~
07 SPA!N '�.�, Kia Anthony, Mayor
US to
ATTEST:
Meli4a Pereira, CMC
Town Clerk