FAQ: 38 questions and answers about our #StormwaterProgram, next steps, fees, and more

Since the September 15 Ohio Supreme Court ruling, we have already begun responding to common questions about the program restart, fees, credits, cost-sharing, and more. We revisited some of the questions that existed prior to the program's suspension in 2013 and added a few we've started answering in recent days.

Updated September 25, 2015 / March 31, 2016

Background and basics: About the program

Why is regional stormwater management necessary?
Stormwater-related problems must be addressed regionally because what happens in one community can affect another. Often one community addresses a problem and may inadvertently move that problem downstream to the next community. Managing stormwater flows is necessary to protect our natural resources, reduce streambank erosion and decrease the pollutants in streams and rivers. If these issues are not addressed today, the problems will continue to get worse and will be more costly to solve in the future.

STORMWATER: Ohio Supreme Court rules in favor of #StormwaterProgram

Today, the Ohio Supreme Court ruled in favor of the Northeast Ohio Regional Sewer District’s appeal concerning the Regional Stormwater Management Program. Read the ruling.

The Sewer District, under Ohio Revised Code Chapter 6119 and founding charter, is not only authorized to manage stormwater, but impose a fee for that purpose.

The Regional Stormwater Management Program is designed to address flooding, streambank erosion and water quality issues throughout much of Northeast Ohio.

RELATED STORIES: 3 things to know now that a #StormwaterProgram ruling has been made

“This is a great victory for the region,” said Darnell Brown, Northeast Ohio Regional Sewer District Board of Trustees President. “Stormwater is causing damage and inter-community flooding problems, and we can now tackle this growing problem with a regional solution.”

ALGAE: In wake of Toledo's algae woes, investigation takes deeper look at causes, solutions (Video)

Is the toxic algae that led to Toledo's three-day "DO NOT DRINK" declaration this summer a threat to Cleveland in the future?

While Cleveland's lake conditions differ from those of the western Lake Erie basin, when our Great Lake is threatened, all of its neighbors need to take notice.

This week, Fox 8 News' I-TEAM ran a two-part series focused on the toxic algae bloom that led to Toledo's water ban in August, asking questions about the decisions made, the testing methods employed, and future work being considered to keep our lake and the surrounding residents safe. The videos and their complete reports are linked below.

VIDEO: Watch the full #OHstormwater arguments from the Supreme Court hearing

Case No. 2013-1770 Northeast Ohio Regional Sewer District v. Bath Township, Ohio, et al.

LIST: 4 ways Hollywood is like (or not like) what we'll see at our Supreme Court #OHstormwater hearing

Law & Order. The Good Wife. LA Law. Ally McBeal.

How do the popular TV courtroom dramas stand up to an actual Ohio Supreme Court hearing?

We'll find out September 9 when the Sewer District argues its case for a Regional Stormwater Management Program. While it might not make a prime-time lineup, it will be live-streamed, and the hearing is an important one as the decision will have a wide-reaching impact on stormwater management efforts across the state.

Still, before Tuesday, we can make four quick comparisons between Hollywood's courtroom and what we'll actually see in Columbus September 9.

ALGAE: 5 things you should know before Friday's state Lake Erie algae meeting

Collecting beach water quality samples at Villa Angela Beach in Cleveland.

Since State Senator Randy Gardner and Representative Chris Redfern are hosting a special meeting of the Lake Erie Legislative Caucus this Friday—focusing on algae problems plaguing the lake and, most recently, the Toledo area’s drinking water—here are 5 important points to help frame the discussion.

The toxic algae problem has been recurring for years. Then again, river fires were once a recurring problem, too.

We believe Toledo's water emergency could be the Cuyahoga River fire of this generation. Few realize that the 1969 blaze was one of at least 13 different Cuyahoga River fires since 1860; the last event became a turning point for many reasons, inspiring the creation of the Environmental Protection Agency and the Clean Water Act. It inspired action.

"It took numerous fires on the river and decades to develop and implement a regulatory strategy to address the issues that faced the Cuyahoga River and other waterways at that time," says Director of Watershed Programs Frank Greenland. "We cannot afford to wait to develop a comprehensive response to the issue of algal blooms in our waterways. Public health depends upon an appropriate and timely response."

Could this be that moment?

NEWS: "Do not drink" water order in Toledo, surrounding communities is a sobering call to action

Early Saturday morning, Lucas County issued an alarming "Do not drink the water" alert affecting 19 communities and more than 400,000 residents. The directive is due to exceedingly high levels of microcystin, a toxin produced by toxic algae blooms.

While the alert is outside of our and Cleveland Division of Water's service areas, the action is related to events that affect many of our customers in Northeast Ohio, and the relationship is worth noting.

Toledo's news is a tragic example of the importance of protecting our water resources, particularly Lake Erie.

BREAKING: Supreme Court sets September 9 date to hear #StormwaterProgram case

In a week in which heavy storms flooded and affected many communities in eastern Cleveland suburbs, the Ohio Supreme Court has set a date for hearing oral arguments of a monumental case of regional stormwater management.

The Ohio Supreme Court will hear arguments September 9, in which the Sewer District will present its case that it is authorized to charge a fee and manage problems caused by stormwater runoff across the region.

The fee was expected to collect $35 million per year to address cross-community stream flooding, erosion and maintenance issues until an appeals court ruling suspended the program last September.

Since then, several significant storms have wreaked havoc on local communities while $20 million has sat in escrow while the program is halted.

"It is clear a majority of the Sewer District’s member communities and others understand the significant benefit of the program," Sewer District Executive Director Julius Ciaccia has stated previously.

“This case...is of great public interest, not just to our region, but to all Ohioans,” said Director of Law Marlene Sundheimer.

Related stories:

• WATCH: Ohio Supreme Court hearing live-stream September 9
• Regional stormwater program heads to Supreme Court
• Litigation hinders ability to assist communities following storm
• FAQ: 21 customer questions about the #StormwaterProgram ruling, fees, billing, and more

NEWS: Board officers are re-elected for 2014-2015 term

On July 3, the Northeast Ohio Regional Sewer District Board of Trustees re-elected Darnell Brown as President and Ronald D. Sulik as Vice President. The Board has also elected Walter O’Malley as Secretary.

Brown was first appointed to the Board by former Cleveland Mayor Michael White in 2001 and currently serves as Chief Operating Officer for the City of Cleveland. He previously served as Board President 2005-2011.

Sulik previously served on the Board from 1985-1994, was re-appointed in 2002 and most recently served as Vice President for 2010-2014. He represents the Sewer District’s 61 suburban communities and has held the positions of President, Vice President and Secretary throughout his 19-year tenure.

O’Malley, current President of IBEW Local 38, was appointed to the Board in 2009 by Cleveland Mayor Frank G. Jackson. He previously served as Acting Secretary, replacing former Secretary Sheila E. Kelly following her retirement in March 2014.

“We've had many important issues in front of us [in the last year],” Brown said. "We'll have many more. We must do our due diligence on green infrastructure, and get closure on stormwater [management]. Those are two key issues for us."

"We want to do all we can to ensure that this agency continues to maintain its national and regional reputations," he added.

Board appointees serve five-year terms and the complete list of Board Members is available online.

NEWS: Indictment alleges company illegally discharged zinc, chrome into sewer system

Sewer District Water Quality & Industrial Surveillance (shown above) and Westerly Wastewater Treatment Plant staff assisted with the investigation that led to today's indictment.

An indictment was filed in federal court today charging Thomas E. White, 49, of Fairview Park, and Kelly Plating Company with making illegal discharges with high concentrations of metals such as chrome and zinc into the sewer system.

The indictment alleges that Kelly Plating ensured all of its pollution control equipment—which was "was operated properly" on weekdays—was bypassed on weekends, discharging partially treated waste and high concentrations of chrome and zinc directly to the sewer system.

"[We have] made significant investments to improve water quality in our region, and will not tolerate actions that jeopardize that investment," said Sewer District Executive Director Julius Ciaccia in a press release from the U.S. Department of Justice.

The Sewer District, its stringent industrial monitoring program and Westerly Wastewater Treatment Plant staff were proud to contribute to the investigation with partners Ohio EPA, U.S. EPA, and the Ohio Bureau of Criminal Investigation.

Read the full release.

NEWS: Could Ohio legislation help heal Lake Erie? A good step, but long journey ahead. #sb150

Hazardous algal bloom on Lake Erie, 2011. cleveland.com file photo.

If a journey of a thousand miles begins with one step, think of Ohio Senate Bill 150 as a first step.

A cleveland.com story May 19 reported Ohio Governor John Kasich is preparing to sign a bill that could help control fertilizer phosphorus contributions to Lake Erie's toxic-algae problems. That's important, but what's more important is where (and how far) we go from here.

About algae, phosphorus, and SB 150

First, let's understand the problem.

The toxic green algae that has plagued Lake Erie in recent years may be a result of excessive amounts of phosphorus and nitrogen in the water. It negatively impacts fish and other aquatic life. There are many sources of phosphorus and nitrogen, including human waste, industrial processes, and commercial fertilizers used mainly in the agricultural industry.

SB 150, which has recently passed the State House and Senate unanimously, would require farmers who use commercial fertilizers to be certified by the state and encourage them to develop "nutrient management plans" to demonstrate they are working to control their land's runoff.

UPDATE: Storm clean-up, costs, communities, and why a regional #StormwaterProgram is critical

Storm debris clogs the Cuyahoga River under Alexander Road in Valley View May 13, 2014.

Could $20 million in inaccessible funds have helped local communities respond to storm damage following Northeast Ohio's torrential downpour earlier this week?

That's a question we raised here May 13. Communities are facing storm clean-up challenges while $20 million sits frozen in escrow as a result of a September court ruling that the Sewer District does not have the authority to implement a Regional Stormwater Management Program.

Much has happened this week, and we presented an update to our Trustees yesterday. The report and conversation deserves to be highlighted.

After the storm

Throughout the week, Sewer District crews have assessed the storm damage throughout the region. Debris removal and maintenance is estimated to be nearly $1 million, and erosion control and repair costs are estimated to be millions of additional dollars. This is in addition to the existing costs to maintain and repair stormwater infrastructure.

[PICS] After the storm: The regional impacts of a Northeast Ohio storm May 12, 2014nt_051314_r2 from Northeast Ohio Regional Sewer District

Under the Regional Stormwater Management Program, the Sewer District would have been mobilized to assist communities and address these problems. Unfortunately, because of litigation, the Sewer District is unable to do anything to fix these issues.

NEWS: Litigation hinders ability to assist communities hit by Monday’s storm [#StormwaterProgram]

A stream rack holds back storm debris near Cleveland Hopkins
International Airport following a heavy rain event May 12.

$20 million remains inaccessible in stormwater escrow

Northeast Ohio communities are underwater from the storm that moved into the region on Monday night. Unfortunately, as a result of the Ohio Eighth District Court of Appeals ruling that the Northeast Ohio Regional Sewer District does not have the authority to implement a Regional Stormwater Management Program, affected communities are now left to address the aftermath without the Sewer District’s assistance and expertise.

Ironically, the storm occurred on the same day those in support of the Regional Stormwater Program filed amicus briefs with the Ohio Supreme Court on the Sewer District’s behalf. They include 18 supporting member communities (one brief), City of Cleveland, National Association of Clean Water Agencies and Association of Ohio Municipal Wastewater Agencies, Coalition of Ohio Regional Districts, The State of Ohio through the Ohio Attorney General’s Office, and The Cleveland Metroparks.

BREAKING: Regional #StormwaterProgram headed to Ohio Supreme Court

Today, the Ohio Supreme Court agreed to hear the Northeast Ohio Regional Sewer District’s appeal concerning the Regional Stormwater Management Program. The Supreme Court has accepted two Propositions of Law presented by the Sewer District.

• Proposition of Law No. 1: “A district formed pursuant to [Ohio Revised Code] Chapter 6119 is authorized to manage stormwater which is not combined with sewage, and to impose a charge for that purpose. Such a charge is one ‘for the use or service of a water resource project or any benefit conferred thereby.’”
• Proposition of Law No. 2: “When a Petition and Plan of Operations grant a [Ohio Revised Code] Chapter 6119 district the authority to operate storm water handling facilities, that District is authorized to create and implement a regional stormwater management program, including imposing appropriate charges to operate that program.”

FAQ: 21 customer questions about the #StormwaterProgram ruling, fees, billing, and more

Updated February 16, 2015

We understand many customers have questions about their bills following last week's news that we can no longer collect fees for stormwater management. We have already begun fielding questions in our Customer Service department and online, and these appear to be the most common so far.

If you have other questions not listed here, leave us a comment and we will provide an answer for you.

1. What is the court’s ruling?
The Ohio Eighth District Court of Appeals ruled September 26, 2013 that the Sewer District did not have the authority to pursue its Regional Stormwater Management Program and cannot charge the stormwater service fee. The Sewer District has been enjoined (prevented) from implementing the program. Read the decision.

2. Why did the court decide this?
The court stated that the Ohio Revised Code Chapter 6119 that outlines the authority of the Regional Sewer District did not give us the authority to enact this program.

3. What happens next?
The Sewer District appealed this decision to the Supreme Court of Ohio. We are confident that we will be successful as we have been in lower court. UPDATE 2015 02/16: Watch the oral arguments from September 9, 2014

BREAKING: Court rules against #StormwaterProgram, environment and customers will remain the focus of our next steps

Late Thursday, the Ohio Eighth District Court of Appeals ruled against the Northeast Ohio Regional Sewer District in finding that, among other things, the Sewer District does not have the authority under Ohio Revised Code Chapter 6119 or its Charter to enact and implement the Regional Stormwater Management Program under Title V, or to collect its stormwater fee.

As a result of this ruling, the District is suspending Regional Stormwater Management Program activities and the collection of stormwater fees for the program while the District pursues an appeal of the Court’s ruling to the Ohio Supreme Court.

RELATED STORIES:
Sewer District asks Supreme Court to hear case on storm-water fee (The Plain Dealer, Nov. 12, 2013)

21 common customer questions about our #StormwaterProgram, fees, billing, and more

We understand as customers you are going to have questions in the coming days about the program, its work, and fees you have already invested. Let us assure you that we are evaluating next steps and will keep customers informed through all available means as details develop.

As many of our member communities can attest, the work being done is desperately needed in our region. We remain dedicated to protecting our region's health and environment. We believe in the environmental benefits of regional stormwater management and are committed to keeping our Great Lake great.

STORMWATER: Two things customers should know about the fee that starts Jan. 1, 2013

The Sewer District's Regional Stormwater Management Program is preparing to collect fees starting January 1, 2013.

In preparation for these billing changes for customers, there are two important things to keep in mind:

First, our stormwater-management efforts are not new; and second, we are dedicated to effectively communicating the details of this program, its fees, and related projects over the next three months.

STORMWATER MANAGEMENT:
 The fee is new, the work isn’t.

"This program is already happening," said Northeast Ohio Regional Sewer District Executive Director Julius Ciaccia to Trustees at Thursday's Board meeting regarding stream maintenance, regional planning, and community outreach the District has been conducting for years. "What hasn't happened yet is the fee."

STORMWATER: Program gets the green light, will begin January 2013

The Sewer District's regional stormwater management program has the green light.

On Thursday, Judge Thomas J. Pokorny issued a final ruling on the Sewer District's regional program to tackle Northeast Ohio’s flooding, erosion, and water quality problems.

The Sewer District will formally implement the Regional Stormwater Management Program in January 2013 and detailed planning for early-stage projects is already underway. The Regional Stormwater Management Program will address flooding, streambank erosion and water quality issues throughout much of Northeast Ohio.

STORMWATER: District attempts to settle program dispute with opposing parties

On June 7, 2012, the Sewer District filed a Report to the Court in the case of Northeast Ohio Regional Sewer District vs. Bath Township, Ohio, et al. (CV-10-714945). In this report, the Sewer District officially responded and agreed to amend its Stormwater Management Code to make changes to the Regional Stormwater Management Program as requested by Judge Thomas J. Pokorny in his February 15 ruling. At the June 7 Board Meeting, the Sewer District’s Board of Trustees approved issuing the proposed Stormwater Management Code changes to all Member Communities for a 30-day comment period.

The most notable proposed change to the Regional Stormwater Management Program is the Community Cost-Share provision, which has been increased from 7.5 percent of fees collected annually from each member community to “no less than 25 percent.” Member communities can apply for these funds from the Sewer District and use the funds for local stormwater-related projects including construction, operation and maintenance of their local stormwater systems; projects that assist communities with EPA requirements; equipment purchases; and projects necessary to mitigate separate sanitary sewer overflow problems.

STORMWATER: Proposed stormwater-code revisions open for comment through July 10

The Northeast Ohio Regional Sewer District is proposing modifications to Title V, the section of the District’s Code of Regulations addressing the Regional Stormwater Management Program. These changes are made to bring Title V in compliance with Judge Pokorny’s Opinion dated February 15, 2012, to comply with the terms of settlement agreements and to address, in some instances, concerns raised by various opposition parties in post-trial discussions.

[Download Title V with proposed changes]

If you have any comments on the proposed changes, please provide written comments by July 10, 2012 by following the instructions on page 2 of the proposal.