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Pay stormwater fees, panel says

COMMITTEE MEMBERS* Bill Raines: chairman* Andrew McGill: Vice president of business development for Memorial Health Care System* Lee Norris: Deputy administrator of Public Works* Manny Rico: City Councilman* Michael Mallen: Environmental attorney* Ray Childers: President of Chattanooga Manufacturer’s Association* Mike Price: Engineer for MAP Engineers* Tom Edd Wilson: President of the Chattanooga-Hamilton County Chamber of Commerce* Jim Moegling: Stormwater review board memberCOUNCIL RECOMMENDATIONSThe water quality committee will recommend that the City Council:* Collect as much in outstanding water quality fees as possible* Lobby the Tennessee General Assembly to change the wording in billing process* Seek a better definition of “waters of the state”Source: Water quality committee

Those who haven’t paid Chattanooga stormwater fees since 1993 got a message Thursday: It’s time to pay up.

By an 8-0 vote Thursday, a special committee agreed to recommend the Chattanooga City Council seek to collect as much as it can of $22 million in delinquent stormwater or water quality fees dating back to 1993.

“Every day we delay is another day we can’t collect,” said Bill Raines, chairman of the water quality committee appointed by the City Council.

Member Michael Mallen was absent.

The city attorney’s office has said that there is a six-year statute of limitations on collecting those fees, so not all of the $22 million will be collected.

About $13.8 million is owed by the federal government, records show. Officials said another large portion is owed by the state.

Committee members also recommended that the council pass resolutions to lobby state legislators to change wording in the city’s billing process and to better define what “waters of the state” means.

Lee Norris, deputy administrator for the city’s public works department, said Thursday that bills for the water program bear the phrase, “This tax mandated by Congress.”

He said the U.S. Postal Service recently used that wording as a way to avoid paying the fee.

“We got a letter saying (the postal service is) not subject to taxation,” Mr. Norris said.

He argued that the collection for mandated stormwater and water quality improvements is not a tax, but a fee.

Any entity that can prove it does not use the city’s stormwater system or empty water into “waters of the state” also is not subject to the fee, he said. Committee members said they want more definition on why these users don’t pay the fee.

Committee member Mike Price asked if there is any way to know how much of the $22 million could be collected.

“I don’t want to get hopes up that we can get half,” he said.

Mr. Norris said there were no projections.

“(The) bottom line is we need to go after as much as we can get,” he said.

Mr. Raines said he thinks the City Council could start looking at the recommendations as early as next week.

The committee will meet again at 10 a.m. Thursday.