Fallsnewspress.com - Litigation could stall area stormwater projects

by Laura Freeman

Reporter

Hudson -- The Northeast Ohio Regional Sewer District says it may not pursue stormwater projects in the city or Summit County considering their involvement in a civil complaint against the organization.

Hudson is one of seven northern Summit County communities that have joined the county in a complaint against NEORSD. The complaint claims NEORSD, which is headquartered in Cuyahoga County, does not have authority to impose fees, taxes or assessments on Summit County residents.

The NEORSD has proposed billing residential customers an average of $4.75 per month, starting this year, to fund its Regional Stormwater Management Program. Commercial property owners would be billed based on the amount of impervious surface area on their land.

Summit County officials question whether the regional sewer district has the authority to impose new taxes on Summit property owners. Other plaintiffs in the complaint include Hudson, Macedonia, Bath Township, Boston Heights, Richfield, Sagamore Hills and Northfield Center.

NEORSD claims its authority stems from a Cuyahoga County Court of Common Pleas decision in the 1970s, Frank Greenland, NEORSD director of watershed programs, said in November.

While a court date is pending, NEORSD Executive Director Julius Ciaccia sent a letter to Hudson Mayor William Currin saying the district is hesitant to sponsor stormwater projects in Hudson considering the complaint. As a sponsor, the NEORSD helps municipalities get funding from the Ohio Environmental Protection Agency.

"Hopefully, you can understand my concern with sponsoring such projects in light of the position your community has taken in litigation," Ciaccia wrote.

NEORSD may withhold sponsorship to all communities in Summit County, including Stow and Cuyahoga Falls, which are not part of the sewer district, because of the civil complaint, said Jennifer Elting, NEORSD public relations specialist.

"They are in jeopardy because Summit County is fighting us and saying we don't have authority," Elting said. "We want to do these projects, but they are tying our hands."

Hudson City Communications Manager Jody Roberts said city officials "would be very disappointed if [NEORSD officials] choose not to do stormwater projects or other work based on this other issue, but we are proceeding with the lawsuit."

E-mail: lfreeman@recordpub.com

Phone: 330-688-0088 ext. 3150