The Pennsylvania Supreme Court is considering a case that puts at stake millions of dollars that help local governments manage stormwater runoff.
In a friend-of-the-court brief, a number of municipal authorities and other governmental bodies in Pennsylvania warned the justices that “correctly classifying stormwater charges as ‘fees’ rather than hiding behind taxation immunity is of major consequence.”
Federal and state regulations require municipalities to manage runoff from stormwater — the rainwater that doesn’t get absorbed into the ground because of impervious surfaces such as roads, sidewalks, parking lots and roofs. Without systems to manage stormwater, collected water can pick up grease from roadways and dirt that then flows into rivers and streams, polluting and eroding them.
“Even a modest size town can raise millions of dollars a year with a fairly small fee,” Campbell said. “You’re not talking an insignificant amount.”
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