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As promised on the campaign trail, Luzerne County Councilman Walter Griffith is proposing that the county consider initiating a legal fight attempting to stop a federal pollution reduction mandate that resulted in unpopular stormwater fees.
Griffith said he is confident the county law office can handle the legal action in-house within its existing budget.
“That’s what the county solicitor’s office should be doing for the people of the county,” Griffith told his colleagues Tuesday.
His suggestion to authorize taking legal action is at the end of a lengthy proposed resolution urging President Donald Trump, federal and state agencies and others to halt the mandate and stormwater fee collection.
The resolution was added to Tuesday’s work session for discussion but would require majority council approval at a future meeting to take effect.
Griffith’s resolution said council would authorize the county law office to seek an injunction in federal court to halt the mandate program and stormwater fee collection by the Wyoming Valley Sanitary Authority and Dallas Area Municipal Authority based on an argument the mandate is a “possible violation” of the Unfunded Mandate Reform Act of 1995 and places an undue financial burden on county residents.
County Assistant Solicitor Vito DeLuca obtained Griffith’s verification that the reference to the injunction was an authorization but not a directive, saying his office must have an opportunity to research the law and report back to council on any possible “legal barriers” and options.
County Chief Solicitor Romilda Crocamo said before Tuesday’s meeting she would have to examine the laws involved and evaluate the staffing commitment required to take on such complex, extended litigation.
“It’s not just filing an injunction. You’d have to file a complaint and have a reasonable basis for the complaint,” Crocamo said.
The law office also has daily responsibilities reviewing contracts, public information requests, employment and labor law issues and inquiries from many departments, she said.
“I’m not saying we couldn’t handle such a suit internally, but we’d have to have enough lawyers to dedicate at least one just to this litigation,” Crocamo said, noting her office does not have paralegals, typists and other support staff typical in major firms.
Councilman Harry Haas expressed support, saying the stormwater fee is “the single most unpopular thing that has happened in many years.”
The legal argument made in Griffith’s proposal has been explored by a group of citizens — now unified under the name Taxpayer Power — that has been seeking donations to pursue its own possible legal challenge that group representatives said is still under consideration.
Jackson Township resident Richard Manta, who is active with Taxpayer Power, asked council Tuesday to support Griffith’s proposal when it comes up for a vote at a future meeting, saying the region must “stick together” in opposition to the mandate.
“Are we going to cripple this valley over something like this?” Manta said. “If you say no to this, you say no to the public.”
Several other residents spoke against the fee, with citizen John Newman saying it is hurting both residents and businesses.
Mike Stash, a Lehman Township landscaper and chairman of Taxpayer Power, told council the fee is “punitive to businesses” and that he believes the science behind the mandate is “very sketchy.”
“We have an opportunity here to put this to rest,” Stash said.
Under the mandate, sediment, nitrogen and phosphorus in the Susquehanna River and Chesapeake Bay must be reduced over the next five years.
Griffith’s resolution includes the Wyoming Valley Sanitary Authority among the parties that should be urged by council to stop the mandate and fee collection.
Authority Executive Director Jim Tomaine said in a written statement Tuesday the authority must continue meeting its responsibilities and commitments to municipalities that signed up for its regional compliance program. These municipalities have received general stormwater permits outlining pollutant control measures for which the state Department of Environmental Protection expects full compliance, he said.
“Noncompliance with these requirements could lead to municipalities receiving notice(s) of violations and costly fines from DEP. Should DEP release information to municipalities stating these requirements are no longer necessary, WVSA will then take appropriate action,” Tomaine wrote.
Ballot question
In another issue related to the county law office, a council majority rejected Griffith’s proposed ballot question allowing council to retain its own solicitor instead of relying on the law office.
Griffith wanted the county’s home rule charter to be amended by voters, arguing council’s reliance on the county law office creates an inherent conflict because the office falls under the supervision of the county manager, or executive branch.
Eleven citizens weighed in on the matter during a public hearing preceding the meeting, with most supporting placing the question on the April 28 primary election ballot.
After spending about two hours hearing public comment and discussing the matter, the following council members voted against the ballot question: Chris Perry, Kendra Radle, Sheila Saidman, Robert Schnee, Matthew Vough and Tim McGinley.
In addition to Griffith, the council members voting in support were Linda McClosky Houck, LeeAnn McDermott, Stephen J. Urban and Haas.