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District proposes changes to stormwater code as required by recent court ruling

The Northeast Ohio Regional Sewer District is proposing modifications to Title V, the section of the District’s code addressing the Regional Stormwater Management Program.

Download the proposed changes [PDF]

The District is proposing changes at Chapters 6, 8, and 10. Changes in Chapters 6 and 10 are required by Judge Thomas J. Pokorny’s recent ruling that upheld the District’s authority to implement the Regional Stormwater Management Program but invalidated specific sections of these two chapters. These sections are removed in the proposed changes.

The changes proposed in Chapter 8 are necessary to ensure a mechanism to recognize
exceptional on-site stormwater management through the ability for qualifying account holders to receive 100% Stormwater Fee Credits. This is reflected in changes at Section 5.0804 to expand the Stormwater Quantity Credit from a maximum of 50% to a maximum of 75%. When used in conjunction with other available credits, qualifying account holders may receive 100% credit. As with the District’s other credits, the criteria that must be met to receive the full 75% Stormwater Quantity Credit will be added to a revised Stormwater Fee Credit Policy Manual. The revisions to the Stormwater Fee Credit Policy Manual will be provided for a separate 30-day comment period as soon as possible.

Two versions of Title V have been posted for public review of the proposed changes. One version has the proposed changes highlighted, and the other version of Title V is a clean copy with the proposed changes made. If you have any comments on the proposed changes, please provide written comments by August 25, 2011 to Director of Watershed Programs Frank Greenland at the Northeast Ohio Regional Sewer District, 3900 Euclid Avenue, Cleveland, Ohio 44115, or by e-mail. The District will review all comments received and make necessary adjustments to the proposed changes for Trustees’ consideration at their September 1, 2011 meeting.