The Ohio Supreme Court recently expanded the definition of wastewater to include storm water. With this victory, the Northeast Ohio Regional Sewer District can continue operation of its’ storm water management program. The Supreme Court also ruled that the Cleveland-area sewer district has the ability to collect fees to implement this storm water management plan.
A little background for anyone who hasn’t followed the case: the Northeast Ohio Regional Sewer District was created in 1972, providing wastewater management services in the 60 cities, towns, and villages in and around the Cuyahoga County area. In 2010, the sewer district developed a storm water management plan that would treat and dispose of all the region’s storm water. To fund storm water treatment, this plan included the collection of fees within the district.
Shortly after the implementation of this program, the sewer district filed a lawsuit hoping to confirm its authority to collect the necessary fees. Ever since 2010, the case has climbed through the legal system. The case revolved around the district’s established authority over wastewater, and whether storm water management fell under this jurisdiction. The Eighth District Court of Appeals ruled that the district was authorized to collect, treat, and dispose of wastewater, but it was not permitted to do so with storm water. The Ohio Supreme Court overturned that decision, stating that state laws, as well as the sewer district’s charter, authorize the district to establish the program and associated fee structure.
The court’s majority opinion was written by Justice Paul E. Pfeifer and supported by three Justices. It stated that storm water is a type of wastewater. Since the storm water management program would collect and treat storm water, the program does indeed fall within the sewer district’s authority. Justice Pfeifer cited statute R.C. 6119.09 as well as the organization’s charter language when concluding that the sewer district can not only establish and maintain the storm water management program but also collect fees.