NCS000558_Benson Council Resolution_20200908

MAYOR
JERRY M MEDLIN
MAYOR PRO-TEM
CASANDRA P STACK
COMMISSIONER
MAXINE HOLLEY
JAMES D. JOHNSON, Jr.
DEAN MCLAMB
WILLIAM NEIGHBORS
Dr, R. MAX RAYNOR
0
TOWN OF BENSON
P.O. BOX 69
303 EAST CHURCH STREET
BENSON, NC 27504
[phone]
FAX [phone]
www. townofhenson. com
TOWN MANAGER
FREDERICK D. NELSON, Jr
ASSISTANT TOWN MANAGER
KIMBERLY PICKET i
TOWN CLERK
ANGELA THORNTON
TOWN ATTORNEY
R. ISAAC PARKER
RESOLUTION 204-2020
AEFIRIIIING THE TOWN OF BENSON BOARD OF COMIVIISSIONERS' SUPPORT
REGARDING EVIPLEMENTATON OF A COMPLIANT NPDES MS4 STORMWATER
PROGRAM
WHEREAS, the North Carolina Department of Environmental Quality -Division of
Energy, Mineral and Land Resources (DEQ-DEMLR) requires passage of a resolution to
develop and implement a compliant stormwater management program that meets the
requirements of the Town of Benson's National Pollutant Discharge Elimination System
(NPDES) Municipal Separate Storm Sewer System (MS4) Permit number NCS000558 to
discharge stormwater, inclusive of the required Stormwater Management Plan (SWMP), to be
prepared by the Town of Benson and approved by the North Carolina Department of
Environmental Quality (NC DEQ); and
WHEREAS, Section 402(p) of the federal Clean Water Act (CWA) requires NPDES
permits for stormwater discharges from municipal separate storm sewer systems; and
WHEREAS, in North Carolina, NPDES Permits are issued by the NC DEQ; and
WHEREAS, the NC DEQ issued the Town of Benson its third NPDES Permit for
discharge of stormwater on February 1, 2018; and
WHEREAS, the Town of Benson was issued a Notice of Violation Number NOV-2020-
PC-0082 dated March 18, 2020 for non-compliance with the issued NPDES MS4 Permit (the
"NOV"); and
WHEREAS, the Town of Benson acknowledges said Notice of Violation and the
requirement to obtain a new individual NPDES MS4 Permit; and
WHEREAS, the Town of Benson acknowledges the NOV requirement to conduct a self -
audit of permit compliance for the balance of permit requirements not specifically audited by the
NC DEQ, and to develop a draft SWMP to comply with Section 402(p)(3)(B)(iii) of the CWA,
40 CFR 12234(b), and NPDES MS4 Permit requirements, and to submit its draft SWMP to the
NC DEQ no later than the deadline established by the NC DEQ; and

WHEREAS, the Town of Benson acknowledges the NOV requirement to adopt this
Resolution, which is to be submitted on or before the deadline established by NC DEQ; and
WHEREAS, the Town of Benson acknowledges the requirement to provide adequate
funding and staffing to implement a stormwater management program that complies with its
NPDES MS4 Permit and SW -MP, as approved; and
WHEREAS, the Town of Benson acknowledges a potential NC DEQ enforcement action
and penalties could result from non-compliance with the specific requirements of the NOV; and
WHEREAS, the Town of Benson acknowledges that a NC DEQ enforcement action may
not prohibit the U.S. EPA from pursuing enforcement action for non-compliance with the issued
NPDES MS4 Permit.
NOW THEREFORE, it is hereby resolved by the Town of Benson Board of
Commissioners, as follows:
That the Town of Benson Board of Commissioners hereby affirms its support for the
development and implementation of a compliant NPDES MS4 Stormwater Program.
DULY ADOPTED, this the 81 day of September, 2020.
k'
Ho rable J M. Medlin, Mayor
ATTEST:
AA
Angela 17hornton, Town Clerk
Approved as to Form:
Fred D. Ne son, Jr., Town Wa.pr
rr
Tim Robbins, Public Works Director
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