NCS000502_Trinity Council Resolution_20210518

RESOLUTION AFFIRMING THE CH-Y OF TRINITY COUNCIL'S SUPPORT REGARDING IMPLEMENTATIONOF A COMPLIANT NPDES MS4 STORMWATE PROGRAMA RESOLUTION to develop and implement a compliant stormwater management program that meetsthe requirements of the City of Trinity National Pollutant Discharge Elimination System (NPDES)Municipal Separate Storm Sewer System (MS4) Permit number NCS000502 to discharge stormwater,inclusive of the required Stormwater Management Plan to be prepared by the City of Trinity andapproved by the North Carolina Department of Environmental Quality.WHEREAS, Section 402(p) of the Federal Clean Water Act requires NCPDES permits for stormwaterdischarges from municipal separate storm sewer systems; andWHEREAS, in North Carolina, NPDES Permits are issued by the North Carolina Department ofEnvironmental Q.uality; andWHEREAS, the North Carolina Department of Environmental Q.uality issued the City of Trinity its latestNPDES MS4 Permit for discharge ofstormwater on October 1, 2005; andWHEREAS, the City of Trinity was issued Notice of Violation number NOV-2021-PC-0208 on April 5, 2021for noncompliance with the issued NPDES MS4 Permit; andWHEREAS, the City of Trinity acknowledges the specific Notice of Violation requirement to obtain a newindividual NPDES MS4 Permit; andWHEREAS, the City of Trinity acknowledges the specific Notice of Violation requirement to conduct aself-audit of permit compliance for the balance of permit requirements not specifically audited by theNorth Carolina Department of Environmental Quality, and to develop a draft Stormwater ManagementPlan to comply with Section 402(p)(3)(B)(iii) of the Clean Water Act, 40 CFR 122.34(b) and NPDES MS4Permit requirements, and to submit its draft Stormwater Management Plan to the North CarolinaDepartment of Environmental Quality no later than August 3, 2021 for review and approval; andWHEREAS, the City of Trinity acknowledges the specific Notice of Violation requirement to adopt aCouncil Resolution to implement a compliant and enforceable Stormwater Management Program asdefined by both the NPDES MS4 Permit number NCS000502 and the required new StormwaterManagement Plan, and said Resolution is to be submitted to the North Carolina Department ofEnvironmental Quality no later than June 4, 2021; andWHEREAS, the City of Trinity acknowledges the requirement to provide adequate funding and staffing toimplement a Stormwater Management Program that complies with its NPDES MS4 Permit and approvedStormwater Management Plan; and
WHEREAS, the City of Trinity acknowledges that North Carolina Department of Environmental Q.ualityenforcement action and penalties could result from non-compliance with the specific requirements inNotice of Violation number NOV-2021-PC-0208; andWHEREAS, the City of Trinity acknowledges that any North Carolina Department of EnvironmentalQuality enforcement action and penalties may not prohibit the US Environmental Protection Agencyfrom taking its own enforcement action for non-compliance with the issued NPDES MS4 Permit.NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Trinity hereby affirms its support fordevelopment and implementation of a compliant NPDES MS4 Stormwater Program.ADOPTED BY the Cify Council of the City of Trinity, North Carolina the /0 day of //fe^ ,2021and signed in authentication thereof the /^> day of l]fY)jt^- 2021.Richard McNabb, Mayor.J^Jb^u^Debbie Hinson, City Managery -- - ^— ~ I/Marc Allred, Stormwater AdministratorAnnette DeRuyter, City Clerk