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Resolution R-2023-06
Date Adopted: 10/19/2023
RESOLUTION AFFIRMING THE TOWN OF NAVASSA 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 Navassa National Pollutant Discharge Elimination System (NPDES)
Municipal Separate Storm Sewer System (MS4) Permit number NCSNCS000518 to discharge stormwater,
inclusive of the required Stormwater Management Plan to be prepared by the Town of Navassa 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 Navassa its
third NPDES MS4 Permit for discharge of stormwater on December 1, 2012; and
WHEREAS, the Town of Navassa was issued Notice of Violation number NOV-2023-PC-0458 on August
29, 2023 for noncompliance with the issued NPDES MS4 Permit; and
WHEREAS,the Town of Navassa acknowledges the specific Notice of Violation requirement to obtain a
new individual NPDES MS4 Permit; and
WHEREAS,the Town of Navassa 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 December 31, 2023 for review and approval;and
WHEREAS, the Town of Navassa 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 NCS000518 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 29, 2023; and
WHEREAS,the Town of Navassa 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 Navassa 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-0458; and
WHEREAS,the Town of Navassa 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 Navassa hereby affirms its support
for development and implementation of a compliant NPDES MS4 Stormwater Program.
Eulis A. Willis, Mayor
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ADOPTED BY the City Council of the Town of Navassa, North Carolina the 19th day of October 2023 and
signed in authentication thereof the 201h day of October, 2023.