Bill Jensen - Town of Apex Councilman - ATTACHMENT

A RESOLUTION BY THE TOWN OF APEX
In Support of Implementation of the Jordan Lake Reservoir Nutrient Strategy Rules
WHEREAS, the Jordan Lake Reservoir is a popular recreation destination for over 1 million visitors each year,
including residents of Apex; and
WHEREAS, the Jordan Lake Reservoir is the drinking water source for 300,000 people in North Carolina,
including the citizens of Apex, as well as citizens in other towns and cities in the Triangle region; and
WHEREAS, the State of North Carolina first directed local governments to reduce nitrogen in waters that flow to
the Jordan Lake Reservoir in 1997 under the Clean Water Responsibility Act; and
WHEREAS, the Upper New Hope Arm of Jordan Lake was placed on the Environmental Protection Agency
(EPA) list of impaired waters under Section 303(d) of the Clean Water Act in 2002, and the Lower New Hope Arm
and Haw River Arm were listed in 2006 due to excessive nutrients from point and non -point sources; and
WHEREAS, the North Carolina Division of Water Quality (DWQ) established a federally mandated Total
Maximum Daily Load (TMDL) for Jordan Lake in 2007 that assigns reduction targets for both total nitrogen and
total phosphorus to address the chlorophyll -a impairment, and the EPA approved the TMDL on September 20,
2007; and
WHEREAS, DWQ developed the Jordan Lake Reservoir Nutrient Strategy rules to codify the reduction goals set
by the 2007 TMDL through a lengthy stakeholder process, and whereas the rules were approved by the General
Assembly in 2009, following compromises for greater flexibility and delays in implementation for local
governments; and
WHEREAS, the North Carolina General Assembly ( "NCGA ") has chipped away at the timeline for implementing
the Jordan Lake Rules in each legislative session since 2009, including: Session Law 2009 -216, which allows
wastewater dischargers with a permitted flow of greater than 100,000 gallons per day to meet the nitrogen
requirements by 2016 rather than 2014; Session Law 2011 -394, which provides an additional two -year delay for
existing dischargers authorized to begin "construction, installation, or alteration of the treatment works" for the
purposes of compliance; and two session laws in 2012 that together delay by two years the timeline for local
adoption of new development standards, even though roughly half the jurisdictions in the watershed ,including
Apex, had already adopted new development ordinances; and
WHEREAS, each of the delays implemented by the legislature since the 2009 passage of the Jordan Lake Rules
violates the TMDL and results in further degradation of water quality in Jordan Lake; and
WHEREAS, the Jordan Lake Reservoir Nutrient Strategy rules were suspended by the NC General Assembly in
2013 in order to carry out an experiment using SolarBee water aerators with little basis in science to attempt to
reduce algae in the lake but not the underlying pollution; and
WHEREAS, the Jordan Lake Reservoir Nutrient Strategy rules are based on sound scientific monitoring and
modeling to apportion decreases in the nutrient load from all point and non -point sources in the Jordan Lake
watershed in order to improve water quality; and
WHEREAS, the Jordan Lake Reservoir cannot meet water quality standards unless nutrient loads from all current
and future sources are reduced, including those from wastewater, and from stormwater from existing and new
development; and
WHEREAS, the threat to the water quality in the Jordan Lake Reservoir and the drinking water supply of Apex
and other drinking water users, as well as recreations users will continue until all sections of the Jordan Lake
Reservoir Nutrient Strategy Rules are implemented;

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF APEX that the State of North Carolina must
carry out its responsibilities to immediately implement the Jordan Lake Reservoir Nutrient Strategy rules in their
entirety in order to protect the public health and welfare of the citizens of Apex and other residents of North
Carolina.
Adopted, this the _day of , 2014
ATTEST: