ANNISTON – The Anniston City Council on Monday heard a proposal from City Manager Brian Johnson that could cut the maximum $3,000 per year fee by 50 percent for some property owners. Religious organizations, nonprofit entities and the Anniston City School System would be eligible for fee credits if they take part in maintenance or educational activities.
Activities that could be undertaken by religious organizations or nonprofits would include Watershed Stewardship Activities, such as Adopt-a-Stream or Adopt-a-Mile cleanup programs, according to a draft copy of the credit manual. Water Resources Education Programs could be taught by city schools for similar credits. Property owners applying to receive up to a 50 percent credit must meet criteria established in the four-part manual. The removal of impervious surfaces that contribute to stormwater runoff discharging into the city’s drainage infrastructure could reduce up to 100 percent of fees, according to the draft.
The council in July 2014 adopted an ordinance that levies an annual fee on commercial property owners based on the amount of property that is impervious to water. The fee charges one-half of one cent per square foot of rooftops, driveways, parking lots and other structures which discharge rainwater directly into city infrastructure.
The 2014 ordinance also established a Stormwater Enterprise Fund which receives the collected fees and other grant money. The city used changes to state laws that allow counties or municipalities to establish public corporations that address compliance with EPA regulations related to storm water runoff, according to the ordinance. A January budget amendment showed the stormwater fund received $423,000 in user fees and $300,000 from federal grants.
Johnson told council members that the proposal for a credit program came after some area churches expressed concerns they were being taxed for God’s water. A similar argument was recently used in a lawsuit filed last month that challenges the constitutionality of the fee. According to the Jan. 9 lawsuit filed by Anniston resident Ralph Bradford and former Council member Ben Little, plaintiffs argue the fee is a tax levied on top of property taxes and is unconstitutional.
The lawsuit also argues citizens are not responsible for acts of God. The city has filed a motion to dismiss the complaints for lack of subject matter, according to documents filed with the Calhoun County Circuit Court on Monday. Anniston Public Information Officer Aziza Jackson on Tuesday said the city does not comment on pending litigation. The council may vote on the proposed fee credits during a public meeting on Monday, Feb. 16.