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10 Webster-Kirkwood Times January 28 - February 3, 2011

by Don Corrigan After a judge nixed the stormwater control ser-

vice-use bills imposed by the Metropolitan St. LouisSewer District (MSD) this summer, Ann Bauer of North Signal Hill Drive in Kirkwood felt vindicat-ed.

We never got bills from MSD before, said Bauer.Weve been here for 60 years with a septic tank forsewage and plenty of acreage for stormwater absorp-tion. Then MSD went to this new system of billingfor runoff and we started getting these bills from outof nowhere.

Sixty years with no MSD bills, and then theyslapped us with fees based on our driveway and roof runoff, explained Bauer. When the lawsuit wasdecided this summer, we stopped getting the bills. I

hope it stays that way. I hope MSD does not appealthe ruling against this billing.

In fact, those bills could return to the Bauer homeand other residences in the area that never beforereceived MSD billing. Thats because MSD has,indeed, decided to appeal the ruling which wasdecided in Lincoln County Circuit Court in July.

In its July ruling, the court decided that thecharge was a tax, not a fee, and violated the statesHancock Amendment. The amendment to theMissouri Constitution requires that any new taxmust be approved by state voters.

The sewer district began imposing the fee on its500,000 customers more than two years ago. TomSullivan, a consumer advocate and frequent critic of MSD, said the new fee system was an obviousattempt at an end-run around the restrictions of theHancock tax lid.

The Hancock Amendment went into effect in1980, and then MSD went into court to challenge it,said Sullivan. Since 1980, MSD has spent millions

trying to get around it. A better option might be totry to build public trust, so voters would approvewhat is needed. I think the public would respondfinancially, if it was convinced there is a legitimateneed.

Its no surprise that MSD is appealing the latestruling, because its not really their money beingspent to fight in court, added Sullivan. They nowwant this Hancock interpretation overturned; theywant no liability to return money collected by thenew system of charges; they do not want to beresponsible for lawyers fees from the firm that wonthe case against their system of charges.

MSD Fires BackOfficials with MSD respond to critics like Sullivan

by arguing that user charges do not constitute a tax,and therefore should not be subject to Hancock

Amendment restrictions.They also emphasize that they face other litiga-

tion, including a U.S. Environmental Protection Agency (EPA) lawsuit that requires a much betterwastewater system for the area. The district must

find the funds to address the deficiencies.System deficiencies during spring flooding and

wet weather periods cause overflows allowing sew-age to spill into creeks and streams. MSD is hardpressed to find the financial resources to addressEPA complaints and to meet EPA requirements.

In 2007, MSD was required to post sewage over-flow signs at the behest of the EPA. The signs offeredadvisories against playing, swimming or fishing. AnMSD map of overflow locations shows danger sitesalong Deer Creek in the Webster Groves and onGravois Creek in Crestwood and Affton.

Additional sites can be found along Manchester,Big Bend and Gravois roads. At the time of the post-ings, MSD spokesperson Lance LeComb said thedistrict would have to hike bills to pay for infrastruc-ture needs and to address EPA requirements.

We have a big, costly problem with an inadequateand deteriorating system, said LeComb. To makethings right, people are going to have to see someimpact on their household budgets. Sewer rates aregoing to have to go up to put the system right, sothat sewage is not mixing with stormwater.

The Common GoodShawn and Anne Daniels have lived in the Fenton

area for almost a quarter century and never receivedMSD billing. Thats because, like several thousandresidences in MSDs jurisdiction, they have used aseptic tank system on their property and not thedistricts sewer lines.

For the bulk of area residences that have usedMSDs sewer lines, the new charge for handling ser-vice water was folded into their regular billing. Butfor residents like the Daniels, who had never receivedMSD charges before, the bills were a shock.

Homeowners Support Court Ruling Against MSDMSD is appealing ruling thatstormwater service use billsare a tax, not a fee, andrequire voter approval

Stormwater empties into a creek in Webster Groves.photo by Diana Linsley

cont. p. 12

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January 28 - February 3, 2011 Webster-Kirkwood Times11

Transforming the world,one child at a time.

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