Mayor Ron Littlefield

Going after about $128,000, the city of Chattanooga has sued 31 nongovernmental agencies for overdue water quality fees, including churches and nonprofits, the mayor said Monday.

“We’ve filed suits against a number of nonpayers,” Mr. Littlefield said. “It makes us really popular.”

Mr. Littlefield spoke about the lawsuits during an editorial board meeting with the Chattanooga Times Free Press. He said he told federal regulators last week that the U.S. and state governments need to pay their own water quality bills, also called stormwater fees, which average about $500,000 to $700,000 annually.

City officials have said that more than $5 million is owed to the city on delinquent fees from between 2005 and 2008. The majority of that is owed by the federal and state governments, officials said.

Mr. Littlefield said he does not like going after nonpayers, especially churches, but the fees are needed to help sustain the program. The issue even resonates in his own church, he said.

“I’m getting to the point where I have to sneak in the back door,” he said. “They’re beginning to welcome me as much as the devil himself.”

Richard Beeland, spokesman for Mr. Littlefield, said the suits began being filed on Feb. 26. Mr. Beeland said the city is targeting those who owe more than $1,000, an amount the city feels comfortable pursuing in relation to potential court costs and legal fees.

“Since those cases have been filed, three people have come in to pay,” he said.

The City Council authorized going after delinquent water quality bills in January after a recommendation from the independent committee set up to study the water quality fees. City Attorney Mike McMahan has said the statute of limitations on collecting the fees ends after six years.

In October, the City Council raised residential stormwater fees from $36 to $115 a year. Nonresidential users pay more because they can qualify as multiple residences.

Council Chairman Jack Benson said Monday that getting those back fees is a priority.

“We’re trying to get as low a rate we can for our citizens and one of the ways is to collect from the people not paying,” he said.

Meg Lockhart, spokeswoman for the Tennessee Department of Conservation, said Monday that one problem with asking the state for the money is that it has sovereign immunity so the state does not have to pay, she said.

Staff Photo by Patrick Smith/Chattanooga Times Free Press
Chattanooga Mayor Ron Littlefield speaks during a meeting with the Times Free Press editorial board on Monday. Mr. Littlefield discussed several topics, including stormwater fees, property taxes and annexation.

“There is no language indicating the Legislature has waived sovereign immunity to make the state liable for this local fee,” she said.

Mr. Littlefield said he has also talked with federal and state legislators about proposing a law that would force governmental agencies to pay their fees. That would be one way to deal with the situation, he said.

“We want Congress to smile on it,” he said.

In the editorial board meeting, Mr. Littlefield also talked about the likelihood of a property tax increase for the city. He said budget cuts have been made on city departments over the last year, but he does not want any cuts that would erode services.

More police officers are needed on the street, he said, but there have not been any police academies to graduate new officers for years because of a strapped budget.

“It is time to address the financial concerns this community needs,” Mr. Littlefield said.