NCS000431_Conover Council Resolution_20191210

CITY OF CONOVER
RESOLUTION 3149
A RESOLUTION AFFIRMING THE CITY OF CONOVER 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 Conover National Pollutant Discharge Elimination
System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit number NCS 000431
to discharge stormwater, inclusive of the required Stormwater Management Plan to be prepared
by the City of Conover 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
Conover its third NPDES MS4 Permit for discharge of stormwater on February 20, 2017; and
WHEREAS, the City of Conover was issued Notice of Violation number NOV-2019-PC-0717
on November 13, 2019 for noncompliance with the issued NPDES MS4 Permit; and
WHEREAS, the City of Conover acknowledges the specific Notice of Violation requirement
to obtain a new individual NPDES MS4 Permit; and
WHEREAS, the City of Conover acknowledges the specific Notice of Violation requirement
to conduct a self -audit of permit compliance tor 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 March 12, 2020 (120 days from Nov Date) for review and approval; and
WHEREAS, the City of Conover 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 NCS 000431 an the
required new Stormwater Management Plan, and said resolution is to be submitted to the North
Carolina Department of Environmental Quality no later than January 12, 2020 (60 days from
NOV date); and
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WHEREAS, the City of Conover 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 Conover 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-0717; and
WHEREAS, the City of Conover 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 NS4 Permit,
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Conover
hereby affirms its support for development and implementation of a compliant NPDES
MS4 Stormwater Program.
Adopted by the
City Council
of the City of Conover, North
Carolina this
the 2"d day of
December, 2019
and signed
in
authentication thereof the
2"d day
of December,
2019.
Lee E. Moritz, Jr., Mayo
Terry B. Lail, Stormwater Program Administrator
SI
i
d;,OrA
Cara C. (Chris) Reed, City Cler
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