NCS000455_Council Resolution_20231011

RESOLUTION AFFIRMING THE TOWN OF OAK ISLAND 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 Oak Island National Pollutant Discharge Elimination
System (NPDES) Municipal Separate Storm Sewer System(MS4) Permit number NCS000455
to discharge stormwater, inclusive of the required Stormwater Management Plan to be prepared
by the Town of Oak Island 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 Oak
Island its third NPDES MS4 Permit for discharge of stormwater on February 1, 2018; and
WHEREAS,the Town of Oak Island was issued Notice number NOV-2023-PC-043 9 on August
28, 2023 for noncompliance with the issued NPDES MS4 Permit; and
WHEREAS,the Town of Oak Island acknowledges the specific Notice requirement to obtain a
new individual NPDES MS4 Permit; and
WHEREAS,the Town of Oak Island acknowledges the specific Notice 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
November 25, 2023 for review and approval; and
WHEREAS,the Town of Oak Island acknowledges the specific Notice requirement to adopt a
Council Resolution to implement a compliant and enforceable stormwater management program
as defined by both the NPDES MS4 Permit number NCS000455 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 October 27, 2023; and
WHEREAS,the Town of Oak Island 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 Oak Island acknowledges that North Carolina Department of
Environmental Quality enforcement action and.penalties could result from non-compliance with
the specific requirements in Notice number NOV-2023-PC-0439; and
Council Resolution of Commitment to Implement a Compliant NPDES MS4 Program
WHEREAS,the Town of Oak Island 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 Council of the Town of Oak Island hereby
arms its support for development and implementation of a compliant NPDES MS4 Stormwater
Program.
Adopted this the 10`h day of October, 2023.
ONK
O • ..S..l ','abeth White, Mayo
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Attested: k4c)'�`� ca
Lisa P. Stites, MMC ••.,
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Town Clerk .�7?7,HfCPg �`�`