The problem appeared in 2017, with the amendment of the Water Law Act. Until then, rainwater and meltwater were classified as waste water within the meaning of the Law on collective water supply and collective discharge of waste water. Therefore, any charges related to the discharge of “rainwater” were included in the overall tariff for waste water disposal charges. An amendment to the Water Law Act in 2017 changed the definition of wastewater by removing stormwater and meltwater from that definition.
These changes have led to the practice of some municipal councils (cities) adopting separate charges for the discharge of stormwater and meltwater. Five fundamental questions therefore arise:
(a) whether municipalities are at all entitled to impose separate charges for the discharge of stormwater and meltwater;
(b) according to which criteria the amount of the fee should be determined and whether they can serve, for example, the overall stability of the MWIK;
(c) whether the amount of the levy must be at market level;
(d) whether a municipal resolution which does not contain a statement of reasons indicating how the fees are calculated is lawful;
(e) what measures may be taken by the person or firm charged by the municipality.
I encourage you to read the study.
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