NCS000454_Stallings Council Resolution_20210311

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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:
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Melanie Cox, Town Attorney