Fri Feb 10 2012
by Eric Marotta
Editor
North Summit County -- An Oct. 1 start date for a new stormwater management fee has been put on hold so a case meant to resolve a debate over the fee can proceed through the Cuyahoga County Court of Common Pleas.
Visiting Judge Thomas Pokorny said he finalized an agreement between opposing parties Aug. 13 with an order specifying the Northeast Ohio Regional Sewer District must give the court and the district's communities 60 days notice prior to charging the fee.
"What they've agreed to do is not have a hearing to block imposition of the fee ... they're going to argue the case," Pokorny said.
The fee is expected to cost homeowners an average of $4.75 per month. Business owners would be charged based on the amount of impervious surface on their properties.
Jennifer Elting, spokeswoman for the Northeast Ohio Regional Sewer District, said the district still hopes to begin billing property owners the fee before the end of the year.
Charles T. Riehl, an attorney representing several of the communities opposed to the sewer district's plan, said the communities will object if the sewer district decides to go ahead and impose the fee.
"The 60 days gives the communities time to file a request for an injunction" against billing, Riehl said.
The new fees are meant to pay for the sewer district's long-term stormwater management plan, which it approved in January. The district is claiming jurisdiction over stormwater management in its entire service area, which includes most of Cuyahoga County, northern Summit County, and other areas. It says it needs $38 million per year to resolve problems caused by runoff and drainage issues.
The sewer district is asking the court to affirm it has the right to oversee the program and bill customers to cover its costs.
Summit County and Summit County communities, including Hudson and Nordonia Hills communities, have filed objections to the sewer district's plan. The county claims that under state law, the Summit County Engineer's Office has authority over stormwater management.
The district in May had announced it would delay billing until Oct. 1 because it did not have the system set to handle the new billing program by a previously announced July 1 date. The district also cited the unresolved Cuyahoga County case as being a reason for the delay.
Pokorny said scheduling various procedures involved in resolving the case will be discussed at an Aug. 24 status conference -- a date that had been scheduled as a hearing on the injunction against the fee.
Editor's note: Reporter Jeff Saunders contributed to this story.
E-mail: emarotta@recordpub.com
Phone: 330-688-0088 ext. 3171
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