Northeast Ohio Regional Sewer Dist. v. Bath Twp. (Slip Opinion)

2015 Ohio 3705, 44 N.E.3d 246, 144 Ohio St. 3d 387
CourtOhio Supreme Court
DecidedSeptember 15, 2015
Docket2013-1770
StatusPublished
Cited by8 cases

This text of 2015 Ohio 3705 (Northeast Ohio Regional Sewer Dist. v. Bath Twp. (Slip Opinion)) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Northeast Ohio Regional Sewer Dist. v. Bath Twp. (Slip Opinion), 2015 Ohio 3705, 44 N.E.3d 246, 144 Ohio St. 3d 387 (Ohio 2015).

Opinions

Pfeifer, J.

{¶ 1} Appellant, the Northeast Ohio Regional Sewer District (the “Sewer District”), seeks to implement a regional stormwater-management program. Appellees, political subdivisions and landowners within the Sewer District, argue and the court of appeals concluded that the Sewer District is not authorized to establish a stormwater-management program. We disagree and reverse the judgment of the court of appeals.

Background

{¶2} The Sewer District, a political subdivision of the state of Ohio, was formed in 1972 and includes as member communities all or parts of over 60 cities, villages, and townships in and around Cuyahoga County. In January 2010, the Sewer District adopted a plan to establish a regional stormwater-management program and a structure for fees to be charged to landowners within the Sewer District whose properties contain impervious surfaces. The Sewer District then filed an action in common pleas court against its member communities seeking a declaratory judgment that it had the authority to implement the regional stormwater-management program and to impose the fees. Some of those [388]*388member communities and several intervening landowners argued that the Sewer District lacked authority to implement the program and fees under R.C. Chapter 6119 and the Sewer District’s charter and that the fees were unconstitutional.

{¶ 3} In April 2011, the trial court declared upon a motion for partial summary judgment that the Sewer District had authority under R.C. Chapter 6119 and its charter to enact a regional stormwater-management program. The court of appeals reversed. It properly concluded that as a creature of statute, the Sewer District’s authority is limited by the statutory scheme that created it. 2013-Ohio-4186, 999 N.E.2d 181, ¶40 (8th Dist.). The court of appeals stated that

the purpose of a regional water and sewer district is for “either or both” of the following purposes: “(A) [t]o supply water to users within or without the district”; and “(B) [t]o provide for the collection, treatment, and disposal of waste water within and without the district.”

(Brackets sic.) Id. at ¶ 43, quoting R.C. 6119.01(A) and (B).

{¶ 4} The court of appeals concluded that although the statutory scheme “authorized the Sewer District to collect, treat, and dispose of waste water entering the sewer system,” it “does not authorize the District to implement a ‘stormwater management’ program.” Id. at ¶43 and 46. This conclusion depends in large part upon the court’s pronouncement that “[t]he term waste water necessarily means water containing waste.” Id. at ¶ 44, citing Reith v. McGill Smith Punshon, Inc., 163 Ohio App.3d 709, 2005-Ohio-4852, 840 N.E.2d 226 (1st Dist.).

{¶ 5} The trial court also concluded after a bench trial that the Sewer District is authorized by R.C. Chapter 6119 to charge fees to pay for the stormwatermanagement program. The court of appeals reversed, concluding that the fees were “not for the ‘use or service’ of a ‘water resource project.’ ”

{¶ 6} We granted the Sewer District’s discretionary appeal as to Proposition of Law No. I (asserting that the program and fees are authorized under R.C. Chapter 6119) and Proposition of Law No. II (asserting that the program and fees are authorized under the Sewer District’s charter). 138 Ohio St.3d 1413, 2014-Ohio-566, 3 N.E.3d 1216.

Analysis

{¶ 7} Despite the great interests at stake, the issues in this ease are exceedingly straightforward: (1) is the Sewer District’s regional stormwater-management program authorized by statute and by its charter? and (2) is the attendant fee structure authorized by statute and by the charter? We answer both questions in the affirmative.

[389]*389 I. The regional stormwater-management program is authorized by statute and by the Sewer District’s charter

{¶ 8} There are many sound policy reasons to support or oppose the creation of the Sewer District’s regional stormwater-management program and its attendant fee structure. The various party and amicus briefs are testaments to this. Although we appreciate their substantive significance, they are not germane to the legal issues before us.

{¶ 9} The parties do not dispute that the Sewer District is a valid creature of statute, authorized by R.C. Chapter 6119. The Sewer District’s ability to create a regional stormwater-management program must, then, have its basis in the statutory scheme, which provides only two valid purposes for a regional water or sewer district. The district must “supply water,” which the Sewer District does not, or it must “provide for the collection, treatment, and disposal of waste water.” R.C. 6119.01.

{¶ 10} R.C. 6119.011(K) defines “waste water” as “any storm water and any water containing sewage or industrial waste or other pollutants or contaminants derived from the prior use of the water.” Despite its plain language, the parties’ interpretations of this definition are radically different.

{¶ 11} Appellees argue, and the court of appeals concluded, that “[t]he term waste water necessarily means water containing waste.” 2013-Ohio-4186, 999 N.E.2d 181, ¶44. Appellees contend that the participial phrase “containing sewage or industrial waste or other pollutants or contaminants derived from the prior use of the water” modifies the noun “any storm water” as well as the noun “any water,” which would mean that stormwater is only “waste water” when it is combined with sewage or pollutants.

{¶ 12} The definition provided in the statute is uncomplicated. See Youngstown Club v. Porterfield, 21 Ohio St.2d 83, 86, 255 N.E.2d 262 (1970) (“it is customary to give words their plain ordinary meaning unless the legislative body has clearly expressed a contrary intention”). In our view, the statute plainly indicates that “waste water” comes in two forms. One is “any storm water.” The other is “any water containing sewage or industrial waste or other pollutants or contaminants derived from the prior use of the water.” There is no other plausible reading of the definition.

{¶ 13} The definition sought by appellees renders the words “any storm water and” meaningless. But the words “any storm water and” are in the statute, and it is well known that our duty is to “give effect to the words used, not to delete words used or to insert words not used.” Columbus-Suburban Coach Lines, Inc. v. Pub. Util. Comm., 20 Ohio St.2d 125, 127, 254 N.E.2d 8 (1969); see also State ex rel. Carmean v. Hardin Cty. Bd. of Edn., 170 Ohio St. 415, 422, 165 N.E.2d [390]*390918 (1960) (“It is axiomatic in statutory construction that words are not inserted into an act without some purpose”).

{¶ 14} We conclude that the term “any storm water” was not included in the statute to be mere surplusage. The Sewer District has the authority to collect, treat, and dispose of “waste water.” We hold that R.C.

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2015 Ohio 3705, 44 N.E.3d 246, 144 Ohio St. 3d 387, Counsel Stack Legal Research, https://law.counselstack.com/opinion/northeast-ohio-regional-sewer-dist-v-bath-twp-slip-opinion-ohio-2015.