Key legal question
Whether the meteorwater fee tariff violated arbitrariness and equal treatment by using a 60/40 cost split and square-meter-based charges.
Extracted holding
The tariff was not arbitrary and did not violate equal treatment; the law allowed estimation by experience values and the split was materially justified.
Extracted reasoning
Section 174 BPG expressly permits setting meteorwater fees according to experience values; the law and Art. 60a GSchG do not require year-specific measurement or a pure volume-based allocation. Meteorwater does not create operating costs and its impact on construction costs is better reflected through infrastructure contributions and renewal financing.