NCS000424_Fletcher Council Resolution_20200814

Resolution Affirming the Town of Fletcher 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 Fletcher's National Pollutant Discharge Elimination System (NPDES)
Municipal Separate Stormwater System (MS4) Permit number NCS000424 to discharge stormwater,
inclusive of the required Stormwater Management Plan to be prepared by the Town of Fletcher 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 NC Dept. of Environmental Quality; and
Whereas, the NC Dept. of Environmental Quality issued the Town of Fletcher its third NPDES MS4
Permit for discharge on February 20, 2017; and
Whereas, the Town of Fletcher was issued Notice of Violation number NOV-2020-PC-0317 on July 20,
2020 for noncompliance with the issued NPDES MS4 Permit; and
Whereas, the Town of Fletcher acknowledges the specific Notice of Violation requirements to obtain a
new individual NPDES MS4 Permit; and
Whereas, the Town of Fletcher 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
NC Dept. 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 NC Dept. of Environmental
Quality no later than 120 days from July 20, 2020 for review and approval; and
Whereas, the Town of Fletcher 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 NCS000424 and the required new Stormwater
Management Plan, and said resolution is to be submitted to the NC Dept. of Environmental Quality no
later than 60 days from July 20, 2020; and
Whereas, the Town of Fletcher 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 Fletcher acknowledges that NC Dept. of Environmental Quality enforcement
action and penalties could result from non-compliance with the specific requirements in Notice of
Violation number NOV-2020-PC-0317; and

Whereas, the Town of Fletcher acknowledges that any NC Dept. 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 Mayor and Fletcher Town Council hereby affirm its support for
development and implementation of a compliant NPDES MS4 Storm water Program.
ADOPTED this the 10th day of August 2020 and signed in authentication thereof the 1 day of August
2020.
Mayor Rod hiteside Mark Biberdorf, Town Ma ger
Eric Rufa, Pla ing & Zoning Director &
Storm Water Program Administrator
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Christine Thompson, MMC, NCCMC
Town Clerk