NCS000480_Rutherford College NOV Council Resolution_20190708

Resolution No.:07012019
RESOLUTION AFFIRMING THE TOWN OF RUTHERFORD COLLEGE 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 Rutherford College's National Pollutant Discharge
Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit number
NCS000480 to discharge stormwater, inclusive of the required Stormwater Management Plan to
be prepared by the Town of Rutherford College and approved by the North Carolina Department
of Fnvironmental 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
Rutherford College its first NPDES MS4 Permit for discharge of stormwater on February 20,
2017; and
WHEREAS, the Town of Rutherford College was issued Audit on May 9, 2019 withthe issued
NPDES MS4 Permit; and
WHEREAS, the Town of Rutherford College acknowledges audit requirements to obtain a new
individual NPDES MS4 Permit; and
WHEREAS, the Town of Rutherford College acknowledges the specific audit 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; and
WHEREAS, the Town of Rutherford College acknowledges the specific audit requirement to
adopt a Council Resolution to implement a compliant and enforceable stormwater
management program as defined by both the NPDES MS4 Permit number NCS000480 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 60 Days From May 9, 2019;
and

WHEREAS, the Town of Rutherford College 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 Rutherford College acknowledges that North Carolina Department of
Environmental Quality enforcement action and penalties could result from non-compliance
with the specific requirements; and
WHEREAS, the Town of Rutherford College 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 thatthe Council of the Town of Rutherford College hereby
affirms its support for development and implementation of a compliant NPDES MS4 Stormwater
Program.
s
Gary Clure, Mayor
"__ (11 _
Stormwater Program Administrator
Kenneth Geathers. Jr, Town Manager
+Ji B aargsley, To Cle
ADOPTED BY the Town Council of the Town of Rutherford College, North Carolina the 1st day of July
2019 and signed in authentication thereof the 1st day of July 2019.
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JUL 08 20119
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