STORMWATER LITIGATION UPDATE
On September 26, 2013 the 8th District Court of Appeals ruled that the Northeast Ohio Regional Sewer District (“District”) lacked the authority to implement its Regional Stormwater Management Program (“RSMP”). Amidst a lengthy and compelling dissenting opinion, the majority ruled that the term “waste water” as defined by Chapter 6119 of the Ohio Revised Code cannot be interpreted to allow the District to manage intercommunity stormwater related issues throughout Northeast Ohio. Additionally, the opinion asserted that the District was overstepping the bounds of its legislative authority by imposing an “unauthorized charge” in the form of the Stormwater Fee associated with the Program.
As a result of this ruling, the District no longer possesses the authority to administer the RSMP or to collect the fees related to the initiative. The monies collected to date are being held in an interest bearing escrow account until a final resolution of the case, including all appeals, is reached. Further, the court’s decision bars the District from undertaking the numerous and worthwhile community based stormwater operation, maintenance, and construction projects the RSMP would have provided, many of which were underway.
The Northeast Ohio Regional Sewer District remains steadfast in its belief that a comprehensive stormwater management program is necessary for Northeast Ohio. To that end, the District and its partners have worked diligently preparing to appeal the 8th District Court of Appeals decision to the Ohio Supreme Court. Sixteen communities within the District’s service area have signed on to an amicus brief with the Sewer District imploring the Supreme Court to review the 8th District ruling. The City of Cleveland filed a separate brief with the Court as well in support of the RSMP.
Finally, the Cleveland Metroparks in addition to state and national wastewater trade associations including the Association of Ohio Metropolitan Wastewater Agencies (“AOMWA”), the Coalition of Ohio Regional Districts (“CORD”) and the National Association of Clean Water Agencies (“NACWA”), respectively, also submitted briefs in support of the District’s appeal to the Ohio Supreme Court. All briefs were filed on November 12, 2013, and a decision on whether or not the Court will hear the District’s appeal should come early next year.
A copy of the 8th District opinion can be viewed
HERE [PDF].
We understand many customers have questions about their bills following the news that we can no longer collect fees for stormwater management. We have already begun fielding questions in our Customer Service department and online. The most frequently asked questions, and our responses, can be viewed at
neorsd.org/stormwaterFAQ.
Other questions?
If you have other questions regarding the Regional Stormwater Management Program, feel free to contact
Frank Greenland, Director of Watershed Programs, at
216.881.6600 or at
GreenlandF@neorsd.org.
NEW SEWER RATES
The District's rate schedule for 2014 through 2016, effective January 1, 2014, is as follows:
*MCF = 1,000 cubic feet of water, or 7,480 gallons.
† = Homestead or Affordability Program rate. Call 216.881.8247 for more information.
COST-SAVING PROGRAMS
Residents may qualify for a cost-saving program to help them lower their sewer bill. We offer four cost-saving programs:
Homestead
Available to customers 65+, or under 65 and totally disabled. Income limits change annually. Application at
neorsd.org/save
Wastewater Affordability
Eligibility criteria is based on income and number of people in your household. Details are available at
neorsd.org/rates
Summer Sprinkling
Bases summer water consumption on winter use, unless actual summer consumption is lower.
neorsd.org/summer
Crisis Assistance Program
Is a change in marital status, employment, or medical bills affecting your ability to pay? Learn more and download an application at
neorsd.org/save
TO QUALIFY, THE PROPERTY MUST BE OWNER-OCCUPIED.
Residents can contact their billing agent for details:
In Berea, call (440) 891-3308
In Cleveland Heights, call (216) 291-5995
In North Royalton, call (440) 582-6234
In Cleveland or other suburbs, call (216) 881-8247