Some municipal stormwater ordinances charge the same amount to homeowners who have less than 1 calculated ERU (equivalent residential unit) of impervious surface as they do to homeowners who have, for example, 4 ERUs. Some homeowners whose surface water directly goes into a creek also pay the same fee. Some homeowners who have water that flows from municipal roads onto their property pay the same fee. Would it be fair to pay the same city water usage fee as someone who uses twice as much water as you do?
But the Pennsylvania Supreme Court has ruled that the fee is actually a tax. The majority decision did not state in their opinion that it is only a tax for boroughs (Borough of West Chester v. PA State System of Higher Education). So some municipalities have a tax that has not been authorized by the state General Assembly.
Options for consideration:
1. The General Assembly could pass a law to authorize a stormwater tax and then municipalities could pass a tax that complies with the Uniformity Clause of Article 8 Section 1 of the Pennsylvania Constitution.
2. Temporarily increase millage by a few mills until required MS4 stormwater projects are completed. Then rescind it when enough revenue for the projects has been collected (no additional collection agency needed).
Some municipalities passed a stormwater fee knowing that the West Chester case was headed to the Pennsylvania Supreme Court.
Joe Hessom
Allegheny Township