NCS000453_Indian Trail Council Resolution_20201203

STATE OF NORTH CAROLINA
RESOLUTION #R201118-01
TOWN OF INDIAN TRAIL
RESOLUTION AFFIRMING THE MS4 TOWN OF INDIAN TRAIL
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 Indian Trail National Pollutant Discharge Elimination System (NPDES) Municipal
Separate Storm Sewer System (MS4) Permit number NCS000453 to discharge stormwater, inclusive of the
required Stormwater Management Plan to be prepared by the Town of Indian Trail 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 Indian Trail its
third NPDES MS4 Permit for discharge of stormwater on February 20, 2017; and
WHEREAS, the Town of Indian Trail was issued Notice of Violation number NOV-2020-PC-0362 on
September 15, 2020 for noncompliance with the issued NPDES MS4 Permit; and
WHEREAS, the Town of Indian Trail acknowledges the specific Notice of Violation requirement to obtain a
new individual NPDES MS4 Permit; and
WHEREAS, the Town of Indian Trail 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 120Days From September 15, 2020 for review and approval; and
WHEREAS, the Town of Indian Trail 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 NCS000453 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
60Days From September 15, 2020; and
WHEREAS, the Town of Indian Trail 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
R201118-01 Page 1

WHEREAS, the Town of Indian Trail 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-0362; and
WHEREAS, the Town of Indian Trail 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 MS4Permit.
NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Indian Trail hereby affirms its support
for development and implementation of a compliant NPDES MS4 Stormwater Program.
ADOPTED BY the Town Council of the TOWN OF INDIAN TRAIL, North Carolina the 181h day of November
2020 and signed in authentication thereof the 10th Day of November 2020.
Attest:
Kathy Qr_e n, Town Clerk
N�nke Mc urrn, Town Manager
Todd Huntsrnger
Director of Engineering
Stormwater Program Administrator
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TOWN OF INDIAN TRAIL
Michael Alva z, May
R201118-01 Page 2