NCS000448_Weaverville Council Resolution_20201222

RESOLUTION AFFIRMING THE WEAVERVILLE TOWN COUNCIL'S
SUPPORT REGARDING IMPLEMENTATION OF A COMPLIANT
NPDES MS4 STORMWATER PROGRAM
WHEREAS, Section 402(p) of the federal Clean Water Act requires National
Pollutant Discharge Elimination System (NPDES) permits for stormwater discharges
from municipal separate storm sewer systems (MS4) in order to protect water
quality; and
WHEREAS, in North Carolina, NPDES permits are issued by the North Carolina
Department of Environmental Quality (NCDEQ); and
WHEREAS, NCDEQ issued the Town of Weaverville its second NPDES MS4
Permit for discharge of stormwater on February 20, 2017; and
WHEREAS, the Town of Weaverville was issued Notice of Violation number
NOV-2020-PC-0479 on November 16, 2020, for noncompliance with the issued
NPDES MS4 Permit; and
WHEREAS, the Town of Weaverville acknowledges the specific Notice of
Violation requirement to obtain a new individual NPDES MS4 Permit; and
WHEREAS, the Town of Weaverville 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 NCDEQ 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 NCDEQ no later than 120 days from
November 16, 2020, for review and approval; and
WHEREAS, the Town of Weaverville 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 #NCS000448 and the required new stormwater management plan, and said
resolution is to be submitted to NCDEQ no later than 60 days from November 16,
2020;and
WHEREAS, the Town of Weaverville 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 Weaverville acknowledges that NCDEQ enforcement
action and penalties could result from non-compliance with the specific requirements
in Notice of Violation number NOV-2020-PC-0479; and

WHEREAS, the Town of Weaverville acknowledges that any NCDEQ
enforcement action and penalties may not prohibit the US Environmental Protection
Agency (EPA) from taking its own enforcement action for non-compliance with the
issued NPDES MS4 Permit.
NOW, THEREFORE BE IT RESOLVED, that the Weaverville Town Council
hereby affirms its support for development and implementation of a compliant
stormwater management program that meets the requirements of the Town of
Weaverville's National Pollutant Discharge Elimination System (NPDES) Municipal
Separate Storm Sewer System (MS4) Permit #NCS000448 to discharge stormwater,
inclusive of a required stormwater management plan to be prepared by the Town of
Weaverville and approved by the North Carolina Department of Environmental
Quality.
ADOPTED this the 21st day of December, 2020.
JAM S ELLER, Town Clerk
O• CORPORA
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2: SEAL `
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ALLAN P. ROOT, Mayor