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County flood authority airs grievances over stormwater-fee project

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<p>The Wyoming Valley Sanitary Authority board voted Tuesday on an expanded policy for larger commercial property owners challenging their new stormwater fee assessments.</p><p>The fee stems from the authority&#8217;s agreement to handle a federal mandate on reducing Susquehanna River pollution on behalf of 32 municipalities that requires less sediment, nitrogen and phosphorus washed into the Chesapeake Bay over the next five years.</p><p>Starting Jan. 1, property owners will pay these annual fees based on the amount of developed and nonabsorbent impervious area within their parcels: 100 to 499 square feet (tier one), $12; 500 to 6,999 square feet (tier two), $57.60; 7,000 square feet or more (tier three), $1.70 for each 1,000 square foot of impervious area.</p><p>Appeals kick in when disputes about the authority&#8217;s calculations cannot be resolved at the onsite inspection or technical review stage.</p><p>The policy addendum approved Tuesday applies to tier three properties. Approximately 8,391 parcels &#8212; most commercial and industrial &#8212; are in this category. The average impervious area of these commercial properties is 45,741 square feet, which equates to a stormwater fee of $77.76 per month, or $933.12 annually, the authority has said.</p><p>Under the revision:</p><p>&#8226; In addition to a $250 application fee, tier three property owners challenging the amount of impervious area must deposit an escrow to cover the costs of engineering, legal, testing and administrative expenses to process the appeal.</p><p>&#8226; This escrow must be 10 percent of the annual stormwater fee billed for that property or $1,000 &#8212; whichever is higher. Any unused funds paid into the escrow will be returned to the property owner following final determination of the appeal.</p><p>&#8226; If someone owns multiple parcels and wants an appeal decision applied to all, a $250 application fee may be required for each. The sanitary authority will have discretion to waive some or all of the additional application fees if the parcels are in the same area and can be evaluated with &#8220;representative sampling.&#8221;</p><p>&#8226; Refunds for successful appeals will date to Jan. 1, 2019, if the challenges are filed by Sept. 30 next year. After Oct. 1, refunds will be paid retroactively to the challenge filing date.</p><p>The appeal process previously approved set a $25 appeal fee for property owners in the first two tiers.</p><p><strong>Three on appeals board</strong></p><p>According to the existing policy:</p><p>Appeal hearings must be scheduled within 60 days of a challenge filing.</p><p>The Stormwater Appeals Board will consist of three people appointed by the sanitary authority board chair. The authority also has the option to appoint multiple panels.</p><p>Each appeals board will preferably include a licensed attorney and licensed engineer &#8212; ideally with stormwater experience. Board members will receive compensation approved by the sanitary authority board.</p><p>If the appeals board comes up with an amicable resolution to a dispute, the sanitary authority board must approve that recommendation for it to take effect.</p><p>When no agreement is reached, the appeals board must gather testimony from both the owner and authority and submit the summaries and a recommended resolution to the sanitary authority board so it can decide whether to accept or reject the suggestion, in full or part.</p><p>In either case, the sanitary authority board makes the final determination. Property owners will have the opportunity to contest the board&#8217;s decision through a challenge in the county Court of Common Pleas.</p><p>The authority board must &#8220;make every effort&#8221; to rule on appeals in a timely manner. Board members must abstain from voting on any matters if there is a conflict, the policy states.</p><style>
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<div class="neCaption">Wyoming Valley Sanitary Authority Solicitor William Finnegan, left, board Chairman Samuel Guesto and Executive Director James Tomaine discuss a matter during Tuesday&#8217;s board meeting, when members voted to expand the appeals process for a new stormwater fee. </div></div><div class="metaInfo"><photo0>https://www.timesleader.com/wp-content/uploads/2018/12/web1_wvsa1_faa-1-.jpg</photo0><caption0>Wyoming Valley Sanitary Authority Solicitor William Finnegan, left, board Chairman Samuel Guesto and Executive Director James Tomaine discuss a matter during Tuesday&#8217;s board meeting, when members voted to expand the appeals process for a new stormwater fee. </caption0><photoCredit0>Fred Adams | For Times Leader </photoCredit0></div></div>
<div class="metaInfo"><subheadMeta>Three-person board will hear challenges to stormwater fees</subheadMeta></div><div class="metaInfo"><bylineMeta><p>By Jennifer Learn-Andes</p><p>jandes@www.timesleader.com</p></bylineMeta></div><div class="metaInfo"><factboxMeta><p>Flood authority</p><p>airs frustrations</p><p>with project, 4A</p></factboxMeta></div><div class="metaInfo"><shirttailMeta><p>Reach Jennifer Learn-Andes at 570-991-6388 or on Twitter @TLJenLearnAndes.</p></shirttailMeta></div>

Wyoming Valley Sanitary Authority fleshes out appeal process for stormwater fees