NCS000529_MS4 Annual Report (2022-23 FY)_20230809 (2)

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Resolution 23-09
Resolution Affirming City 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 City of Kings Mountain's National Pollutant Discharge Elimination
System (NPDES) Municipal Separate Storm Sewer (MS4) Permit number NCS00529 to discharge
stormwater, inclusive of the required Stormwater Management Plan to be prepared by the City of
Kings Mountain 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 City of
Kings Mountain its second NPDES Permit for discharge of stormwater on February 17, 2017; and
WHEREAS,the City of Kings Mountain was issued a Notice of Violation number NOV-2023-
PC-0132 on April 5, 2023 for noncompliance with the issued NPDES MS4 Permit;and
WHEREAS, the City of Kings Mountain acknowledges the specific Notice of Violation
requirement to obtain a new individual NPDES MS4 Permit; and
WHEREAS, the City of Kings Mountain 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 DFR 122.34(b) and NPDES Permit requirements, and to submit its draft Stormwater
Management Plan to the North Carolina Department of Environmental Quality no later than August
5, 2023 for review and approval; and
WHEREAS, the City of Kings Mountain 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 NCS00529, 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 June 5,2023;and
WHEREAS,the City of Kings Mountain 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 City of Kings Mountain 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-2023-PC-0132; and
WHEREAS, the City of Kings Mountain 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 City Council of Kings Mountain, NC hereby affirms
its support for development and implementation of a compliant NPDES MS4 Stormwater Program.
RESOLVED AND ADOPTED BY the City Council of Kings Mountain, North Carolina the 11th day of
May, 2023 and signed in authentication thereof the 11th day of May, 2023.
CITY OF KINGS MOUNTAIN,NORTH CAROLINA
BY: , 1?(-10'4-
G.Scott Neisler,Mayor
ATTEST:
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Karen A.Tucker,City Clerk