Q May a municipality charge a monthly fee to a specific apartment complex for chemicals used to prevent damage to the system as a result of the complex’s usage of the system?

A Yes, the municipality may set a different rate for apartment complexes than the rate set for residential customers provided that the rates are reasonable and equitable and the municipality is not discriminating in the setting of the rates among similarly situated users for the same type of service. The municipality may also enact ordinances and resolutions governing the proper use of the municipal sewer systems and may specify a list of items prohibited from being placed into the system. The municipality may establish different utility rates for different classifications of users of municipal utility systems and may set different rates for those different classifications. The authority of the municipality to establish different classifications of users and to set different rates for the classifications of users is limited in that a municipality is prohibited from setting different rates among similarly situated users for the same type of service. (Attorney General’s Opinion to Blackledge, May 13, 2016)