NCS000426_Hickory Council Resolution_20190624

Council Resolution of Commitment to Implement a Compliant NPDES MS4 Program
Resolution No.: 19-27
Date Adopted: June 18, 2019
RESOLUTION AFFIRMING THE CITYOF HICKORY 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 requirementsof the CITY OF HICKORY National Pollutant Discharge Elimination System (NPDES)
Municipal Separate Storm SewerSystem {MS4) Permit number NCS 000426 to discharge Stormwater,
inclusiveofthe required Stormwater Management Planto beprepared bytheCITY OF HICKORYand
approved bythe 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 areissued bytheNorthCarolina Departmentof
Environmental Quality; and
WHEREAS, the North Carolina Department of Environmental Quality issued the CITY OF HICKORY its
third NPDES MS4 Permit for discharge of Stormwater on February 20,2017; and
WHEREAS, the CITY OF HICKORY was issued Notice of Violation number NOV-2019-PC-
0283 on April 24, 2019 for noncompliance with the issued NPDES MS4 Permit; and
WHEREAS, the CITY OF HICKORY acknowledges the specific Notice of Violation requirement to obtain a
new individual NPDES MS4 Permit; and
WHEREAS, the CITY OF HICKORY 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 September 2, 2019 for review and approval; and
WHEREAS, the CITY OF HICKORY 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 NCS000426 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 July 2, 2019; and
WHEREAS, the CITY OF HICKORY 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 HICKORY 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,0283;and

Council Resolution of Commitment to Implement a Compliant NPDES MS4 Program
WHEREAS,the CITY OF HICKORY acknowledgesthatanyNorth 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 thatthe Council of the CITY OF HICKORY hereby affirms its
support for development and implementation of a compliant NPDES MS4 Stormwater Program.
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Han ess`Mayor Warren Wood, City Manager Ni
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Son White, ormwater Program Administrator Debbie D. Miller, City Clerk ;a:7
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ADOPTED BY the City Council of the CITY OF HICKORY, North
Carolina, the 18t' day of June, 2019 and signed the authentication
thereof the 18th day of June, 2019.