The Stormwater Blogs

Brant D. Keller

February 26th, 2009 7:53am PST

Stormwater Utilities: The Key Word Is "Utilities"

Posted By Brant D. Keller 2 Comments

Several state representatives once again are challenging the function of the stormwater utility in Georgia. HB 316 has been introduced to the state legislature to exempt state facilities from paying local stormwater utilities fees.

There have been behind-the-scenes conversations to the effect that the state government does not permit buildings and their inspections to local government.

There have been comments calling the fee a “local tax” and arguments that the state government does not pay local taxes.

The Georgia Supreme Court has validated that a stormwater utility is a true utility, yet we spend hours at the capital going through the motions. The state Department of Natural Resources has written that local governments need to create stormwater utilities to address water-quality and -quantity issues as written in the state water plan.

The same old questions are brought to the fore front once again:

1. Do state properties contribute to water volume runoff that local governments must contended with?
2. Does this runoff contain pollutants that contribute to the TMDLs that are being mandated?

This scenario happens in many states, and as a stormwater professional, I remind you of a quote I once read from Albert Einstein: “In the middle of every difficulty comes opportunity.”

Stormwater professionals should take these challenges as opportunities to strengthen the position that a stormwater utility fee is truly a calculated, engineered fee. Through these efforts, our position will only get stronger.

What Do You Think?

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jpalmer

March 11th, 2009 1:18 PM PT

Columbia County, Georgia was the sucessful defendant in the law suite that challanged the Stormwater Utility user fee concept in the State of Georiga. The Georgia Supreme Court ruled the fee was not a tax and in fact a user fee for services provided. If you want to view the case go to SESWA.org home page and click on the link Court Decision with Analysis. Currently all property owners with in the Utility Service area is charged the fee, no excpetions. If HB 319 passes other enities such as shools system and non-profits will seek exemption from the fee. Yes they are all contributors in one way or another to untreated stormwater runoff.

sweathersbee

March 25th, 2009 1:28 PM PT

If HB 319 passes then who will be next? Will Businesses and Home Owners think that they do not contribute to the storm runoff? The Georgia Supreme Court as already made a decision. We are charging a fee and providing a service just as any other utility such as water, sewer, electricity, phone, cable, or gas. We are all contributers to the degradation of our storm systems, creeks and streams.

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