Pennsylvania Supreme Court to consider legality of university’s stormwater charge exemption

HARRISBURG, Pa. (AP) — Millions of dollars that help local governments manage stormwater runoff are at stake as the Pennsylvania Supreme Court considers a lower court’s decision that a state-owned university was not required to pay because of its tax-exempt status, a decision that also raises questions about whether the charges are even legal.

In January, Commonwealth Court ruled the stormwater charge imposed by the borough of West Chester is actually a tax, and therefore the state-owned West Chester University should not have to pay an annual bill of around $130,000.

The court also said calculating the fee based on how large a developed property is does not necessarily correspond to the level of service that is provided, as municipalities do when they charge for other services such as water consumption.

The borough — and many others — levy the charge based on a property’s square footage of impervious surface, saying that buildings, parking lots and the like contribute more to runoff, and put more strain on their stormwater systems. That aspect of the case has wider ramifications for other Pennsylvania municipalities that impose similar stormwater fees.

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