NCS000422_Black Mtn Council Resolution_20200501

RESOLUTION #R-20-07
A RESOLUTION AFFIRMING THE TOWN OF BLACK MOUNTAIN BOARD OF
ALDERMEN'S SUPPORT REGARDING IMPLEMENTATION OF A COMPLIANT
NPDES MS4 STORMWATER PROGRAM
A RESOLUTION to develop and implement a compliance stormwater management
program that meets the requirements of the Town of Black Mountain National Pollutant
Discharge Elimination Systems (NPDES) Municipal Separate Storm Sewer System (MS4)
Permit Number NCS000422 to discharge stormwater, inclusive of the required Stormwater
Management Plan to be prepared by the Town of Black Mountain 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 storm sewer systems; and
WHEREAS, in North Carolina, NPDES Permits are issued by the North Carolina
Department of Environmental Quality; and
WHEREAS, the Town of Black Mountain was issued Notice of Violation number NOV-
2020-PC-0116 on February 28, 2020 for noncompliance with the issued NPDES MS4 Permit;
and
WHEREAS, the Town of Black Mountain acknowledges the specific Notice of Violation
requirement to obtain a new individual NPDES MS4 Permit; and
WHEREAS, The Town of Black Mountain 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 112 days from date the Governor of North
Carolina lifts the State of Emergency issued on March 10, 2020 for review and approval; and
WHEREAS, The Town of Black Mountain acknowledges the specific Notice of
Violation requirement to adopt a Resolution to implement a compliant and enforceable
stormwater management program as defined by both the NPDES MS4 Permit number
NCS000422 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 52 days from
the date the Governor of North Carolina lifts the State of Emergency issues on March 10; and
WHEREAS, The Town of Black Mountain 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 Black Mountain 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-2020-PC-0116;
and
WHEREAS, the Town of Black Mountain 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, that the Aldermen of the Town of Black Mountain hereby
affirms its support for development and implementation of a compliant NPDES MS4 Stormwater
Program.
I move the adoption of the foregoing resolution:
/►5
Aldennai
READ, APPROVED AND ADOPTED, by a vote of � to this the 11 `h da of May, 2020.
<� a4r.�
on Collins, Mayor
Angela eece, Assistant to Manager/Town Clerk
--,4�r-1-
Jos arroId, Town anager
55 i
Jessica Trotman, St water Program Administrator