NCS000564_Council Resolution_20221205

RECEIVED
TOWN OF WENDELL ` ` NORTH CAROLINA
RESOLUTION AFFIRMING THE TOWN OF WENDELL BOARD OF
COMMISSIONER'S SUPPORT REGARDING IMPLEMENTATION OF A COMPLIANT
NPDES MS4 STORMWATER PROGRAM
R-28-2022
A Resolution to develop and implement a compliant stormwater management program that
meets the requirements of the Town of Wendell National Pollutant Discharge Elimination
System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit number NCS000564
to discharge stormwater, inclusive of the required Stormwater Management Plan to be prepared
by the Town of Wendell 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 Wendell
its Second NPDES MS4 Permit for discharge of stormwater on January, 23, 2018; and
WHEREAS, the Town of Wendell was issued Notice of Violation number NOV-2022-PC-0361 on
September 30, 2022 for noncompliance with the issued NPDES MS4 Permit; and
WHEREAS, the Town of Wendell acknowledges the specific Notice of Violation requirement to
obtain a new individual NPDES MS4 Permit; and
WHEREAS, the Town of Wendell 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 January, 27, 2023 for review and approval; and
WHEREAS, the Town of Wendell acknowledges the specific Notice of Violation requirement to
adopt a Resolution to implement a compliant and enforceable stormwater management
program as defined by both the NPDES MS4 Permit number NCS000564and the required
new Stormwater Management Plan, and said resolution is to be submitted to the North
Carolina Department of Environmental Quality no later than November 29, 2022; and
WHEREAS, the Town of Wendell 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 Wendell 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-2022-PC-0361; and
WHEREAS, the Town of Wendell 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 MS4 Permit.
NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Town of Wendell
hereby affirms its support for development and implementation of a compliant NPDES
MS4 Stormwater Program.
Duly resolved this 141h day of November, 2022, while in regular session.
ATTEST:
Mary Beth
seph Collins, Public Works Superintendent
Marvin Collins, Town Manager
Virginia R. itray, Mayor
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