NCS000412_NOV Response and Council Resolution_20200114

Bessemer City�i
NORTH CAkC]LiIVA
January 10, 2020
Zahid Khan, CPM, CPESC, CPSWQ
Regional Engineer
Land Quality Section
610 East Center Avenue, Suite 301
Mooresville, NC 28115
Re: Letter of Acknowledgement to NCDEQ
Notice of Violation: NOV-2019-PC-0758
NPDES MS4 Permit No. NCS000412
Gaston County, North Carolina
Dear Mr. Khan:
This is our acknowledgement of your letter dated December 16, 2019 informing the City of NCDEQ Notice
of Violation: NOV-2019-PC-0758 for our NPDES MS4 Permit. We understand these requirements and intend
to comply with the request to address the permit deficiencies in the time period stated. We intend to
adopt our Council Resolution during January's meeting and will forward a copy of the signed document to
your attention the following week.
Respectfully,
James Inman, ICMA-CM, MPA
City Manager
City of Bessemer City

essemer Ci
NORTH CAROLINA nTi1►! 9 'r
RESOLUTION TO DEVELOP AND IMPLEMENT A
COMPLIANT STORMWATER MANAGEMENT
PROGRAM
A RESOLUTION to develop and implement a compliant stormwater management program that
meets the requirements of the Bessemer City National Pollutant Discharge Elimination System
(NPDES) Municipal Separate Storm Sewer System (MS4) Permit number NCS000412 to
discharge stormwater, inclusive of the required Stormwater Management Plan to be prepared by
the City 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 Bessemer City its
third NPDES MS4 Permit for discharge of stormwater on 2/27/17; and
WHEREAS, Bessemer City was issued Notice of Violation number NOV-2019-PC-0758 on
12/16/19 for noncompliance with the issued NPDES MS4 Permit; and
WHEREAS, Bessemer City acknowledges the specific Notice of Violation requirement to obtain
a new individual NPDES MS4 Permit; and
WHEREAS, Bessemer City 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 12/ 16/ 19 for review and approval; and
WHEREAS, Bessemer City 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 NCS000412
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 12/16/19; and
WHEREAS, Bessemer City 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, Bessemer City 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-0758; and
WHEREAS, Bessemer City 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 Bessemer City hereby affirms
its support for development and implementation of a compliant NPDES MS4 Stormwater Program.
Adopted by the City Council of the Bessemer City, North Carolina the 13t" day of January, 2020
and signed in authentication thereof the 13th day of January, 2020.
F � ram
Hydefa Hayes, City Clerk
COBC-GOVBOD-2019-2020 R 12