Quantcast
Environmental News for a Healthier Planet and Life

Help Support EcoWatch

Court Rules Sewer District Can Move Forward with Stormwater Management Program

Northeast Ohio Regional Sewer District

On Feb. 15, Cuyahoga County Court of Common Pleas Judge Thomas J. Pokorny issued an opinion in the case of Northeast Ohio Regional Sewer District vs. Bath Township, Ohio, et al. (CV-10-714945).

This is the second ruling from Judge Pokorny reaffirming the Sewer District’s authority to implement a regional Stormwater Management Program; the first ruling occurred in April 2011.

The Feb. 15 ruling includes the following:

• The Sewer District’s Stormwater Management Program fee is authorized under Chapter 6119 of the Ohio Revised Code; the charges proposed are ruled a fee, and not a tax as the Defendants argued,

• Defendants’ Motion for Permanent Injunction was denied, and

• Judge Pokorny determined that the City of Hudson is a member of the Sewer District.

“The Court has decisively affirmed that the Sewer District not only has the authority to implement this program, but charge a fee for the services this program will provide,” said Julius Ciaccia, executive director, Northeast Ohio Regional Sewer District. “The Sewer District’s Stormwater Management Program is a great demonstration of regionalism and I look forward to working with community leaders as we begin to address the region’s escalating stormwater problems with a progressive, forward-thinking attitude.”

Judge Pokorny requested the Sewer District address several proposed changes to the Stormwater Management Program, including an alternative community cost share formula, additional fee options for non-residential customers, engineering cost credits and the development of stormwater-related curriculum for schools.  The Court will hold a hearing with all associated parties regarding these proposed changes in the next 30 days.

The Sewer District filed the initial motion for declaratory judgment on Jan. 7, 2010, the same day the Sewer District’s Board of Trustees unanimously voted to adopt Title V, the section of the Sewer District’s Code of Regulations that details of the Stormwater Management Program.

About the Program

The Sewer District’s Stormwater Management Program will address flooding, erosion and water quality problems throughout its defined service area. In addition, the Sewer District will assume responsibility for millions of dollars of necessary maintenance along streams across the region.

The average homeowner within the Sewer District’s Service Area would be charged $4.75 per month, or $57 per year, to pay for stormwater-related construction projects and maintenance. The Sewer District has identified more than $220 million of needed construction projects, and detailed planning on some projects has already begun. These stormwater-related projects will provide relief to multiple communities within each watershed.

Click here for additional information about the Stormwater Management Program.

Click here for a copy of Judge Pokorny’s opinion.

EcoWatch Daily Newsletter

By Michael Svoboda

The enduring pandemic will make conventional forms of travel difficult if not impossible this summer. As a result, many will consider virtual alternatives for their vacations, including one of the oldest forms of virtual reality – books.

Read More Show Less
Public Employees for Environmental Responsibility on Thursday accused NOAA of ignoring its own scientists' findings about the endangerment of the North Atlantic right whale. Lauren Packard / Flickr / CC BY 2.0

By Julia Conley

As the North Atlantic right whale was placed on the International Union for Conservation of Nature's list of critically endangered species Thursday, environmental protection groups accusing the U.S. government of bowing to fishing and fossil fuel industry pressure to downplay the threat and failing to enact common-sense restrictions to protect the animals.

Read More Show Less
Pexels

By Beth Ann Mayer

Since even moderate-intensity workouts offer a slew of benefits, walking is a good choice for people looking to stay healthy.

Read More Show Less
Much of Eastern Oklahoma, including most of Tulsa, remains an Indian reservation, the Supreme Court ruled on Thursday. JustTulsa / CC BY 2.0

Much of Eastern Oklahoma, including most of Tulsa, remains an Indian reservation, the Supreme Court ruled on Thursday.

Read More Show Less
The Firefly Watch project is among the options for aspiring citizen scientists to join. Mike Lewinski / Wikimedia Commons / CC by 2.0

By Tiffany Means

Summer and fall are great seasons to enjoy the outdoors. But if you're already spending extra time outside because of the COVID-19 pandemic, you may be out of ideas on how to make fresh-air activities feel special. Here are a few suggestions to keep both adults and children entertained and educated in the months ahead, many of which can be done from the comfort of one's home or backyard.

Read More Show Less
People sit at the bar of a restaurant in Austin, Texas, on June 26, 2020. Texas Governor Greg Abbott ordered bars to be closed by noon on June 26 and for restaurants to be reduced to 50% occupancy. Coronavirus cases in Texas spiked after being one of the first states to begin reopening. SERGIO FLORES / AFP via Getty Images

The coronavirus may linger in the air in crowded indoor spaces, spreading from one person to the next, the World Health Organization acknowledged on Thursday, as The New York Times reported. The announcement came just days after 239 scientists wrote a letter urging the WHO to consider that the novel coronavirus is lingering in indoor spaces and infecting people, as EcoWatch reported.

Read More Show Less

Trending

A never-before-documented frog species has been discovered in the Peruvian highlands and named Phrynopus remotum. Germán Chávez

By Angela Nicoletti

The eastern slopes of the Andes Mountains in central Perú are among the most remote places in the world.

Read More Show Less