NCS000500_Ayden Council Resolution_20190910

RESOLUTION 19-20-04 AFFIRMING SUPPORT
IMPLEMENTATION OF A COMPLIANT NPDES MS4 STORMWATER PROGRAM
TOWN OF AYDEN
SEPTEMBER 9, 2019
A RESOLUTION to develop and implement a compliant stormwater management program that meets the
requirements of the Town of Ayden National Pollutant Discharge Elimination System (NPDES) Municipal
Separate Storm Sewer System (MS4) Permit number NCS000500 to discharge stormwater, inclusive of the
required Stormwater Management Plan to be prepared by the Town of Ayden 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 has issued the Town of Ayden a
NPDES MS4 Permit for discharge of stormwater; and
WHEREAS, the Town of Ayden was issued Notice of Violation number NOV-2019-PC-0539 on July 26, 2019
for noncompliance with the issued NPDES MS4 Permit; and
WHEREAS, the Town of Ayden acknowledges the specific Notice of Violation requirement to obtain a new
individual NPDES MS4 Permit; and
WHEREAS, the Town of Ayden 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 120 Days From NOV Date for review and approval;
and
WHEREAS, the Town of Ayden 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 NCS000500 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 NOV Date; and

WHEREAS, the Town of Ayden 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 Ayden 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-0539; and
WHEREAS, the Town of Ayden 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 BY THE BOARD OF COMMISSIONERS OF THE TOWN OF AYDEN:
That the Council of the Town of Ayden hereby affirms its support for development and
implementation of a compliant NPDES MS4 Stormwater Program.
Adopted this the 91h day of September, 2019 in Ayden, North Carolina.
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Stepherf W. Tripp, Mayor
189 j Town of Ayden
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Sarah Radcliff
Town Clerk