NCS000488_Valdese Council Resolution_20190701

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RESOLUTION AFFIRMING THE TOWN OF VALDESE COUNCIVS 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 VALDESE National Pollutant Discharge Elimination System (NPDES)
Municipal Separate Storm Sewer System (MS4) Permit number NCS000488 to discharge stormwater,
inclusive of the required stormwater Management Plan to be prepared by the TOWN OF VALDESE 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 VALDESE its
third NPDES MS4 Permit for discharge of stormwater on February 20, 2017; and
WHEREAS, the TOWN OF VALDESE was issued Notice of Violation number NOV-2019-PC-0182 on May
29, 2019, for noncompliance with the issued NPDES MS4 Permit; and
WHEREAS, the TOWN OF VALDESE acknowledges the specific Notice of Violation requirement to obtain
a new individual NPDES MS4 Permit; and
WHEREAS, the TOWN OF VALDESE 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 M54 Permit requirements, and to submit its draft Stormwater Management Plan to the North
Carolina Department of Environmental Quality no later than 120 Days From NOV Date for review and
approval; and
WHEREAS, the TOWN OF VALDESE 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 NCS000488 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 NOV Date; and
WHEREAS, the TOWN OF VALDESE 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 VALDESE 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-2019-PC-0182; and ,
WHEREAS, the TOWN OF VALDESE acknowledges that any North Carolina Department of Environmental
Quality enforcement action and penalties may not prohibitthe U.S. Environmental Protectio9M-Pcvyed
from taking its own enforcement action for non-compliance with the issued NODES MS4 Permit.
JUL - 1 2019

NOW, THEREFORE, BE IT RESOLVED that the Council of the TOWN OF VALDESE hereby affirms its
support for development and implementation of a compliant NPDES MS4 Stormwater Program.
Stormwater Program
Administrator
Town Manager
Kennedy, DeputyTov# Clerk
ADOPTED BY the Town Council of the TOWN OF VALDESE, North Carolina the 2411 day of June, 2019 and
signed in authentication thereof the day of J-1/ ng- . 2019.
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