ARCHIVE SITE - Last updated Jan. 19, 2017. Please visit www.NACWA.org for the latest NACWA information.
City of Cincinnati v. U.S.
The City of Cincinnati and the federal government reached an agreement November 15, 2007, to settle litigation over payment of stormwater fees. The dispute arose when a federal Department of Health and Human Services (DHHS) facility within the City’s service area refused to pay over $100,000 in past-due invoices for stormwater services, alleging that the stormwater service charges were an impermissible “tax” on the federal government and thus refused payment. NACWA, along with the National League of Cities (NLC), the National Association of Flood and Stormwater Management Agencies (NAFSMA), and the American Public Works Association (APWA) filed an amicus curiae brief in the Fall of 2004 arguing that Clean Water Act Section 313 gives local governments the authority to collect fees from the federal government to cover the cost of stormwater services at its facilities. An Ohio federal court on March 27, 2007, agreed with this position, and ruled that a U.S. government facility within the City’s service area is not exempt from paying stormwater fees.