NCS000563_Council Resolution_20231024

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RESOLUTION #2023-10-01
AFFIRMING THE CITY OF ELIZABETH CITY 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 Elizabeth City National Pollutant Discharge
Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permitnumber
NC5000563to discharge stormwater, inclusive of the required Stormwater Management Plan
to be prepared by the CityofElizabeth Cityand 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 Elizabeth Cityits 27d Renewal of the existing Permit NC5000563 NPDES MS4 Permit
for discharge of stormwater on n,d, (pending until permithas been issued] and
WHEREAS, the City of Elizabeth City was issued Notice of Violation number NOV-
2023-PC-0476on 13th day of September, 2023for noncompliance with the issued NPDES
MS4 Permit; and
WHEREAS, the City of Elizabeth City acknowledges the specific Notice of Violation
requirement to obtain a new individual NPDES MS4 Permit; and
WHEREAS, the City of Elizabeth City 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 the 13"' day of
September, 2023 for review and approval; and
WHEREAS, the City of Elizabeth City 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
NCS000563and 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 the 13ei day of September, 2023, and

WHEREAS, the City of Elizabeth City 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 Elizabeth Cityacknowledges 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-2023-PC-0476; and
WHEREAS, the City of Elizabeth City 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 that the City Council of the City of Elizabeth City
hereby affirms its support for development and implementation of a compliant NPDES MS4
Stormwater Program.
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Kirk E. Rivers, Mayor Mo tre Freeman, L4 Manager
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Dwan Bell, Public Works Director April nley, ity Jerk
Stormwater Program Administrator �,ORef
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ADOPTED BY the City Council of the CityofElizabeth City, North Carolina the 23'd dayof
October, 2023and signed in authentication there of the 23'd dayof October, 2023.
FORM FOR CERTIFICATION BY THE RECORDING OFFICER
The undersigned duly qualified and acting City Clerk of the City of Elizabeth City does hereby
certify: That the above/attached resolution is a true and correct copy of the resolution
authorizing the filing of an application with the State of North Carolina, as regularly adopted at
a legally convened meeting of the Elizabeth City City Council duly held on the 25t' day of

September, 2023; and, further, that such resolution has been fully recorded in the journal of
proceedings and records in my office. IN WITNESS WHEREOF, I have hereunto set my hand
this 25"' day of September, 2023.
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(Signs ure oof Recording OOffic r)
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(Title of Recording Officer)