“We have fully complied with the water agreement in good faith,” city of Dayton law director Barbara Doseck said in a statement issued to the newspaper. “Our significant investments in infrastructure and ongoing efforts to maintain high-quality water come at a cost, and we have dedicated substantial resources to upholding our responsibilities under the agreement.”
Montgomery County communications director Kevin Lavoie declined to comment on the counterclaim Friday due to the pending litigation.
The counterclaim did not appear on the Montgomery County Common Pleas Court’s website as of 5 p.m. Friday. The Dayton Daily News has requested a copy of the document.
City of Dayton officials said the counterclaim alleges that the county charges its residents significantly more for water than the city charges the county, saying the county consumes 57% of the water produced by Dayton and pays only 41% of the cost.
“Any further reduction in the county’s costs would unfairly shift the financial burden onto city residents, which we will not allow,” Doseck said.
Montgomery County Administrator Michael Colbert last month said despite the county’s claims of city overcharging, the county has not passed along increased water costs to its 230,000 customers. He added, “we can no longer continue this practice and remain fiscally responsible to our residents.”
The communities that receive drinking water from Montgomery County, and therefore are affected by their prices, include Kettering, Centerville, Riverside, Clayton and several others.
Credit: Nathan Howard
Credit: Nathan Howard
Montgomery County’s complaint alleges that the city breached its contract with the county, first agreed to in 2018, by increasing water rates from 2019 through 2025 without providing the required documentation. The county’s complaint also includes concerns surrounding per-and poly-fluoroalkyl substances, or PFAS, in the city’s water.
PFAS are a group of powerful, toxic chemicals created to be resistant to heat and other elements.
Dayton City Manager Shelley Dickstein last month said Dayton water is safe to drink, as it meets all “regulatory requirements.”
Doseck said Dayton has been a “good partner.”
“As a result of county’s allegations, the city must now zealously defend its position,” she said.
