NCS000397_Newton NOV Resolution_20190607

Resolution 2-2019
RESOLUTION AFFIRMING THE City of Newton 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 Newton National Pollutant Discharge Elimination
System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit number NCS000397 to
discharge stormwater, inclusive of the required Stormwater Management Plan to be prepared by
the City of Newton 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
Newton its third NPDES MS4 Permit for discharge of stormwater on December 1, 201 1;
and
WHEREAS, the City of Newton was issued Notice of Violation number NOV-2019-PC-
0282 on DATE for noncompliance with the issued NPDES MS4 Permit; and
WHEREAS, the City of Newton acknowledges the specific Notice of Violation requirement to
obtain a new individual NPDES MS4 Permit; and
WHEREAS, the City of Newton 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
August 24, 2019 for review and approval; and
WHEREAS, the City of Newton 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 NCS000397 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 25, 2019; and
WHEREAS, the City of Newton 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 Newton 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-2019-PC-0282; and
WHEREAS, the City of Newton 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 City of Newton hereby affirms its support for
development and implementation of a compliant NPDES MS4 Stormwater Program.
Anne P. Jordan, Mayor
E. Todd Clark, City Manager
Amy Falowski, ity Clerk
Alex Fulbright, Stormwater Program Administrator
ADOPTED BY the City Council of the City of Newton, North Carolina the 21 ' day of May, 2019 and signed in
authentication thereof the 21 ' day of May, 2019.