Akron, Barberton, and three other cities in Ohio have filed a lawsuit in Franklin County to prevent a new law from taking effect. The cities argue that an amendment in the Ohio budget bill which passed in July would endanger their drinking water systems.
Ideastream’s Mark Urycki has details . .
Just as Ohio is working to reduce fertilizer runoff that has polluted Lake Erie and some inland lakes, an item in the state budget takes some power away from cities to control the land around their water reservoirs. And that could affect the quality of local drinking water. It’s unclear which state legislator introduced the item.
“I don’t think people would be looking for these types of ‘sneaks’ in a budget bill.”
That’s Akron Law Director Patricia Ambrose who joined in the lawsuit with Columbus, Barberton, Lima, and Westerville.
Columbus serves over a million water customers from three reservoirs. But some adjacent property owners want to build on or cut vegetation from city property that acts as a buffer around those bodies of water. The new budget bill specifically allows them to do so for various reasons including “beautification of the property.” Some neighbors say they want to clear trees so they have a better view of the water.
The new law would prohibits law enforcement officers or other officials from issuing criminal or civil citations for such activity.
“Having individuals have free reign to go on to your property to create a path, cut vegetation.. I mean it’s a whole host of issues that affects our municipal water utility. It’s essential that we protect it”
The city of Akron also has three water reservoirs and has purchased land along the banks of the Cuyahoga River in Portage and Geauga counties to create such buffer zones. Ambrose says the U.S. EPA wants that vegetation to filter water.
“We have water management plans that have been approved and it actually helps to maintain water and avoid runoff. So to have vegetation is good thing for our reservoirs.”
Ambrose and the other plaintiffs argue the new law violates cities’ rights under the Ohio constitution and they’re requesting a preliminary injunction to keep it from taking effect at the end of this month.