Luzerne County won’t pursue legal action challenging stormwater fee

Luzerne County won’t be filing litigation attempting to stop a federal pollution reduction mandate and resulting stormwater fee, Chief Solicitor Romilda Crocamo announced at Tuesday’s council meeting.

The announcement followed a closed-door executive session by council that ran more than an hour. Before this session, council members were told they would be briefed by Attorney Margaret M. Witherup, of Maryland-based law firm Gordon Feinblatt Inc., via Skype.

The county law office had asked Witherup to prepare a comprehensive evaluation of proposed litigation. Witherup had previously consulted with area residents interested in raising donations to file their own challenge, which did not materialize.

County council has no jurisdiction over the stormwater fee, although the county administration agreed to research possible options to challenge it as part of a resolution council approved opposing the federal mandate and fee.

County officials had stressed it was unclear if legal action was viable and, if so, what it would cost and the time and resources involved. In compliance with the county’s charter, the manager would have to recommend legal action to council for its approval.

Crocamo said the decision against pursuing litigation was made after “careful consideration” of case law and consultation with other attorneys, including Witherup.

The law office concluded the viability of litigation and prospect of success are “remote at best,” Crocamo said, adding that the review also determined the county cannot represent taxpayers or individuals required to pay stormwater fees.

Crocamo said her office will continue to monitor litigation and court decisions related to the mandate and fee.

Jackson Township resident Richard Manta approached the podium for public comment immediately following the announcement and said it was a “shock” and that he was “devastated.”

In a later round of public comment, Manta said he was “appalled” and believes it shows county council is “not ready to fight.”

Councilman Robert Schnee told Manta the county heavily relied on Witherup’s expertise in reaching the conclusion not to litigate.

John Newman, of Nanticoke, also expressed frustration.

“It’s a killer. It’s going to hurt the economy,” Newman said of the stormwater fee.

Under the mandate, sediment, nitrogen and phosphorus in the Susquehanna River and Chesapeake Bay must be reduced over the next five years. Some county municipalities have opted to comply by signing up for regional programs through the Wyoming Valley Sanitary Authority and Dallas Area Municipal Authority funded by stormwater fees.

In a related matter, county council unanimously voted Tuesday on the wording of a letter opposing the mandate and fee that will be sent to U.S. President Donald Trump and others.

This letter urges halting of the mandate.

Fee opponent Ron Knapp, of Nanticoke, told council he personally spoke to Trump about the stormwater fee — described by critics as the “rain tax.” Knapp said the president was aware of it and replied, “That’s the stupidest tax I ever heard of.”

In other business Tuesday, council voted to:

• Create a County Cares Commission focused on drug and substance abuse and homelessness.

• Lease the courthouse basement cafeteria to the Center City Café, which operates a same-named eatery on Public Square in Wilkes-Barre that will remain open. Cafe owner YonKondy Enterprises LLC will pay monthly rates of $500 for the first half of the five-year contract and $525 for the second half and start courthouse operations by May 15.

• Permit Flower Tent to set up operations at the Wyoming Valley Airport in Forty Fort from April 1 through June 25 at a lease cost of $45 per day, which is higher than its original daily rate proposal of $40.70. This lease requires proof Flower Tent has no outstanding delinquent real estate taxes.

• Approve new compensation and benefit agreements with approximately 54 supervisory employees in three human services departments represented by Teamsters Local 401.

• Sell 19 tax-delinquent properties that had been in the repository pool because they were not purchased by bidders in prior auctions.