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HomeMy WebLinkAboutNCS000518_Navassa Council Resolution_20200131Resolution No 2020-02 Date Adopted: January 16, 2020 RESOLUTION AFFIRMING THE TOWN OF NAVASSA 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 NAVASSA National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit number NCS000518 to discharge stormwater, inclusive of the required Stormwater Management Plan to be prepared by the TOWN OF NAVASSA 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 NAVASSA its third NPDES MS4 Permit for discharge of stormwater on February 1, 2018; and WHEREAS, the TOWN OF NAVASSA was issued Notice of Violation number NOV-2020-PC-0006 on January 6, 2020 for noncompliance with the issued NPDES MS4 Permit, and WHEREAS, the TOWN OF NAVASSA acknowledges the specific Notice of Violation requirement to obtain a new individual NPDES MS4 Permit; and WHEREAS, the TOWN OF NAVASSA 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 January 6, 2020 for review and approval; and WHEREAS, the TOWN OF NAVASSA 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 NCS000518 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 January 6, 2020; and WHEREAS, the TOWN OF NAVASSA 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 Resolution No 2020-02 WHEREAS, the TOWN OF NAVASSA 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-2020-PC-0006; and WHEREAS, the TOWN OF NAVASSA 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 TOWN OF NAVASSA hereby affirms its support for development and implementation of a compliant NPDES MS4 Stormwater Program. iw" x ,��, Eulis Willis, Mayor Barnes Sutton, Stormwater Program Administrator Claudia Bray, Town Administrator l lQAL 'tz , I - d& Charlena Alston, Town Clerk ADOPTED BY the Town Council of the TOWN OF NAVASSA, North Carolina the( day of -QMear 4 2020 and signed in authentication thereof the acl day of vat 2020.