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HomeMy WebLinkAboutNCS000454_Stallings Council Resolution_20210311to ink_ Resolution Affirming The Stallings Town 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 Stallings National Pollutant Discharge Elimination System (NPDES) Municipal Separate Strom Water System (MS4) Permit Number NCS000454 to discharge stormwater, inclusive of the required Stormwater Management Plan to be prepared by the Town of Stallings and approved by the North Carolina Department of Environmental Quality. WHEREAS, Section 402(b) 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 North Carolina Department of Environmental Quality Issued the Town of Stallings a NPDES MS4 Permit for discharge of stormwater on February 17, 2017; and WHEREAS, the Town of Stallings was issued Notice of Violation number NOV-2020-PC-0364 on September 15, 2020 for noncompliance with the Issued NPDES M54; and WHEREAS, the Town of Stallings acknowledges the specific Notice of Violation requirement to obtain a new Individual NPDES M54 Permit; and WHEREAS, the Town of Stallings 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)(lii) of the Clean Water Act, 40 CFR 122.34(b) and NPDES M$4 Permit requirements, and to submit Its draft Stormwater Management Plan to the North Carolina Department of Environmental Quality no later than 120 days from September 15, 2020 for review and approval; and WHEREAS, the Town of Stallings 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 Stallings acknowledges that the 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-0364; and WHEREAS, the Town of Stallings 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 MS4 permit. NOW, THEREFORE, the Town Council of the Town of Stallings resolves to affirm its support for development and implementation of a compliant NPDES MS4 Stormwater Program. This the 91h day of November 2020. A�ILI Wyatt 66n, Mayor Er NiChols, Town Clerk Approved as to form: m; l eol_lz�l Melanie Cox, Town Attorney