Embedded Files
February 28, 2025
Hoover residents file a lawsuit against the city over alleged stormwater ordinance.
February 28, 2025, the judge grants a motion to compel; Hoover has 14 days to comply with documents request.
Eight months since this lawsuit was filed and the city has produced no evidence that the so-called ordinance is valid. Further, the city has failed to produce documents in a timely manner. Meanwhile, residents continue to experience property damage. Finally, the city continues to use the alleged ordinance in official reports and as though it was lawfully in city codel. The city has failed its obligation to produce information in a timely manner as required by state law and failed to protect residents as required by its stormwater permit. Someone(s) in the city has created and used this document as if it was passed by the council but there is no evidence the council has approved the document.
The city was required to include post-construction stormwater management in its stormwater management program plan (SWMPP) prior to 2018. Post-construction management shifts the financial burden for long-term (permanent) stormwater control to contractors and developers through design and construction practices instead of taxpayers for failing infrastructure. The activities required and recommended by ADEM promote health and safety, are environmentally friendly, can preserve natural beauty, and are forward thinking. Failure to meet the post-construction requirements is likely to increase financial burden to taxpayers and place properties at risk from pollution and flooding.
Details of this lawsuit follow.
June 13, 2024 this lawsuit asked the court to declare the purported MUNICIPAL CODE OF THE CITY OF HOOVER, ALABAMA APPENDIX-II---Subdivision-Regulations---Appendix-A-Design-Standards-Article-IX-Stormwater-Management approved December 9, 2019 by the planning and zoning committee null and void. Actual Subdivision Regulations were placed in code in 1989 by council vote. The Planning and Zoning Committee does not have the authority to amend code.
Further, the suit asks the court to declare that any waivers or variances granted pursuant to the alleged ordinance be declared null and void. In other words, the lawsuit asks for accountability by the city.
July 11, 2024 the city filed a motion to dismiss the case challenging standing.
October 1, 2024 the Judge and an attorney for the city acknowledged that the residents have standing. The city has failed to produce discovery in a timely manner and has produced no evidence suggesting the allegations are untrue.
Hoover has been required to develop and implement a stormwater management program plan (SWMPP) to reduce the discharge of pollutants from its MS4 (Municipal Separate Storm Sewer System) including provisions for post-construction stormwater management. For example, EPA comments focused on missing aspects of Hoover’s SWMP and annual reports in 2010. In 2018 Alabama Department of Environmental Management (ADEM) set a deadline of February 1, 2020 for this long missing section of the SWMPP including the legal authority to enforce post construction stormwater runoff. A key component of this portion of the SWMPP is Low-Impact-Development (LID) and Green Infrastructure (GI). Hoover apparently responded with the purported ordinance passed by the Planning and Zoning Committee.
The so-called “The latest revision to Hoover’s stormwater management ordinance (effective December 9, 2019)” did not amend the ordinance, is not in city code and is invalid. This document gives unauthorized authority to the Planning and Zoning committee and the city engineer. This is fraudulent.
For example, the planning and zoning document allows waivers for developers and redevelopment projects. These waivers have been given to projects in watersheds with known drainage problems. The city commissioned numerous drainage studies completed prior to 2021 because of known problems with flooding and pollution and then waived stormwater management requirements in those very watersheds. One requirement of Hoover’s NPDES permit is to minimize impervious area and reduce stormwater runoff. Waivers do neither and the fraudulent “revised ordinance” does not require both criteria. Waivers likely increased flooding and pollution, and clearly shifted responsibility for future control of stormwater to the city.
Properties have been damaged in watersheds where waivers were approved. The document fraudulently named “MUNICIPAL CODE OF THE CITY OF HOOVER ALABAMA” has been used in official reports to state agencies.
The city has been aware of our knowledge of and concern about the fraudulent document via public comments at council meetings and an ADEM public hearing (October 18, 2021) and in written comments submitted to ADEM (July, 2021).
November 1, 2024 the judicial deadline for a response by Hoover from the October 1 hearing.
November 4, 2024 the city filed a response, this was after a call from our attorney asking if they intended to file a response. The response denies some of the allegations and demands a judgement in its favor.
November 19, 2024 Hoover provided some discovery.
November 27, 2024 we requested both missing documents and additional documents.
About December 18, 2024 our attorney set a deadline of ten days for Hoover to provide the missing and additional documents.
January 3, 2025 no additional discovery has been provided by Hoover.
January 2025 Hoover attorney states they are working on gathering the second round of discovery documents.
Jan 17, 2025 Third round of discovery due.
January 29, 2025 Motion to compel discovery was filed.
February 28, 2025, the judge orders Hoover to comply with documents request.
Additional information
Post construction stormwater management provides long-term control of stormwater that addresses pollution and flooding. The city is responsible for stormwater leaving its MS4 and therefore is responsible for developing and maintaining stormwater control after construction. Thus, if the developer/contractor does not provide for post-construction stormwater management, the city will be required to do so at cost to the city. Green infrastructure (GI) and low-impact-development (LID) are viable strategies to control stormwater runoff. Among numerous benefits of GI and LID are:
Cost of stormwater control is part of development and not shifted to the municipality after construction/development thus reducing costs to taxpayers; fiscally responsible
Attractive and effective,
Environmentally friendly
Forward thinking.
The city spends taxpayer funds to defend itself, to end this the city merely has to show the document is an ordinance. The city could have avoided this lawsuit by simply admitting a mistake, developing and implementing a proper stormwater management ordinance amending current legal code.
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