NCS000485_Council Resolution_20231116

RESOLUTION 2023-35
RESOLUTION AFFIRMING THE NASHVILLE TOWN COUNCIL'S 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 Nashville's National Pollutant Discharge
Elimination System (NPDES)Municipal Separate Storm Sewer System(MS4) Permit number
NCS000485 to discharge stormwater, inclusive of the required Stormwater Management Plan to
be prepared by the Town of Nashville 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 Town
of Nashville its third NPDES MS4 Permit for discharge of stormwater on February 20, 2017; and
WHEREAS,the Town of Nashville was issued Notice of Violation number NOV-2023-
PC-0413 on August 4, 2023, for noncompliance with the issued NPDES MS4 Permit; and
WHEREAS,the Town of Nashville acknowledges the specific Notice of Violation
requirement to obtain a new individual NPDES MS4 Permit; and
WHEREAS, the Town of Nashville 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 August 18, 2023 for review and approval; and
WHEREAS,the Town of Nashville 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 NCS000485 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 60 Days from August 18, 2023; and
WHEREAS, the Town of Nashville 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 Nashville 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-2023-PC-0413; and
WHEREAS, the Town of Nashville 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 by the Town Council of the Town of Nashville,
North Carolina that it hereby affirms its support for development and implementation of a
compliant NPDES MS4 Stormwater Program.
PASSED,APPROVED, and ADOPTED this 12th day of September 2023.
�J
Attest: Arenda Brown, : ayor
'2 �"� &"'_&f—
Louise Bennett, Town Clerk
��1oZAL SE`s{
O
i
'Tyk��tF,it4X��G�