Chapter 22. Water and Sewer Authority.

Subchapter I. Declaration of Policy.

§ 34–2201.01. Findings and declarations.

The Council of the District of Columbia hereby finds and declares that:

(1) Providing water distribution services and sewage collection, treatment, and disposal to the District and portions of the Metropolitan Washington area is essential to ensure the health and safety of the citizens of the District.

(2) Commercial and industrial development in the District requires an adequate water and sewer utility system capable of meeting the needs of the District and the District’s statutory obligation to provide wastewater treatment services to suburban jurisdictions.

(3) The financing requirements for water distribution and sewage collection, treatment, and disposal systems, including the ability to fund capital programs without undue reliance on the general obligation credit of the District, are substantial and require financial resources independent of other District funds.

(4) Creation of an independent authority with secure funding separated from the District’s General Fund to oversee water and sewer operations for the District and surrounding jurisdictions will enhance the financial viability of water distribution and sewage collection, treatment, and disposal systems in the District and enhance the District’s ability to meet its statutory obligation to provide sanitary sewer services to the surrounding jurisdictions.

(5) Creation of a water and sewer authority will enhance opportunities for economic development in the District and the Metropolitan Washington area.

(6) Professional and productive management and system-wide planning of water distribution and sewage collection, treatment, and disposal systems necessitate the creation of a water and sewer authority.

(7) It is in the best interest of the District, its citizens, and the surrounding jurisdictions that the Council establish an independent water and sewer authority to achieve the following goals and objectives:

(A) To facilitate the efficient and economical operation of water distribution and sewage collection, disposal, and treatment systems in the District and surrounding jurisdictions;

(B) To expedite the repair, replacement, rehabilitation, modernization, and extension of existing water distribution and sewage collection, treatment, and disposal systems including the financing, on a self-sustaining basis, of capital and operating expenses relating thereto;

(C) To enhance and protect water resources in the District and the Metropolitan Washington area by reducing pollution to adjacent streams; and

(D) To facilitate the provision of regional sanitary sewer services to the suburban jurisdictions that receive wastewater treatment services from the District’s Blue Plains Wastewater Treatment Plant.

(8) In order to achieve maximum utilization of resources and efficiency of operations, the water and sewer authority should operate as a public enterprise.

(Apr. 18, 1996, D.C. Law 11-111, § 101, 43 DCR 548; Apr. 9, 1997, D.C. Law 11-184, § 202(a), 43 DCR 4265.)

Prior Codifications

1981 Ed., § 43-1661.

Emergency Legislation

For temporary amendment of section, see § 2(a) of the District of Columbia Water and Sewer Authority Emergency Amendment Act of 1996 (D.C. Act 11-293, July 9, 1996, 43 DCR 4160).

For temporary amendment of section, see § 2(a) of the Water and Sewer Authority Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-397, October 9, 1996, 43 DCR 5686), see § 2(a) of the Water and Sewer Authority Second Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-466, December 30, 1996, 44 DCR 165), and see § 2(a) of the Water and Sewer Authority Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-48, March 31, 1997, 44 DCR 2105).

Subchapter II. General Provisions.

§ 34–2202.01. Definitions.

For the purposes of this chapter, the term:

(1) “Authority” means the District of Columbia Water and Sewer Authority established pursuant to § 34-2202.02(a).

(1A) “Contaminant” means a physical, chemical, biological, or radiological substance or matter in water.

(2) “Cost” means any and all reasonable expenses related to the purposes or activities of the Authority including expenses for operation and maintenance activities; expenses for preconstruction and construction, acquisition, alteration, improvement, enlargement of furnishing, fixturing and equipping, reconstruction and rehabilitation of the water distribution and sewage collection, treatment, and disposal systems of the District, including without limitation, the purchase or lease expense for all lands, structures, real or personal property, rights, rights-of-way, roads, franchises, easements, and interest acquired or used for, or in connection with the Authority; the expenses of demolishing or removing buildings or structures on land acquired by the Authority, including the expenses incurred for acquiring any lands to which the buildings may be moved or located; the expenses incurred for all utility lines, structures or equipment charges, and interest on financial obligations incurred for a period as the Authority may reasonably determine to be necessary for the effective functioning of the water distribution and sewage collection, treatment, and disposal systems; provisions for reserves for principal and interest for extensions, operating and contingency reserves, enlargements, additions, and improvements; expenses incurred for architectural engineering, energy efficiency technology, design and consulting, financial and legal services, letters of credit, bond insurance, debt service or debt service reserve insurance, surety bonds or similar credit enhancement instruments, plans, specification studies, surveys, and estimates of expenses and of revenues; expenses necessary or incident to determining the feasibility of improvements to the water distribution and sewage collection, treatment, and disposal systems, the financing of such improvements, including a proper allowance for contingencies, and the provision of reasonable initial working capital for operating the improved systems and expenses for obtaining potable water for distribution.

(3) “Dedicated revenues” means revenues collected pursuant to water and sewer rates, fees, and charges imposed by the Authority.

(3A) “Endocrine disruptor compounds” means chemicals that can affect the hormones in the endocrine system of humans or wildlife and cause adverse physiologic effects, such as changes to the reproductive system or to the growth and development of the biological system.

(4) “Joint-use sewerage facilities” means the following:

(A) Little Falls Trunk Sewer;

(B) Upper Potomac Interceptor Sewer;

(D) Rock Creek Main Interceptor Sewer;

(E) Rock Creek Main Interceptor Relief Sewer;

(F) Potomac River Interceptor Sewer;

(G) Potomac River Sewage Pumping Station;

(H) Potomac River Force Mains;

(I) Watts Branch Trunk Sewer;

(J) Anacostia Force Main (Project 89 Sewer);

(K) Anacostia Force Main & Gravity Sewer;

(L) Outfall Sewers (Renamed Potomac River Trunk Sewers);

(M) Outfall Relief Sewers (Renamed Potomac River Trunk Relief Sewers);

(N) Upper Oxon Run Trunk Sewer;

(O) Upper Oxon Run Trunk Relief Sewer;

(P) Lower Oxon Run Trunk Sewer;

(Q) Lower Oxon Run Trunk Relief Sewer;

(R) Blue Plains Wastewater Treatment Plant (Blue Plains); and

(S) Potomac Interceptor Sewer.

(5) “Other participating jurisdictions” means Montgomery County, Maryland, Prince George’s County, Maryland, and Fairfax County, Virginia.

(6) “Revenue bond” means any revenue bond, note, or other obligation (including refunding bonds, notes, or other obligations) used to borrow money to finance, assist in financing, or to refinance undertakings authorized by § 1-204.90, and this chapter.

(7) “Service sewer” means a sewer with which connection may be directly made for the purpose of providing sewage facilities to abutting property.

(8) “Sewage collection, treatment, and disposal systems” means all the facilities used, or to be used, for the collection, transmission, treatment, and disposal of sanitary sewage and stormwater flow, including the following:

(A) Sewers carrying the following:

(i) Sewage mixed with storm and surface water;

(ii) Sewage discharged from sanitary conveniences;

(iii) Commercial or industrial wastes;

(iv) Water distributed after use;

(v) Stormwater run-off; and

(vi) Both sanitary sewage run-off and stormwater run-off;

(B) Sanitary, stormwater, and combined pumping stations;

(D) Facilities for the processing, management, and disposal of biosolids.

(9) “Sewer” means a pipe or conduit carrying sewage or stormwater flow.

(9A) Repealed.

(9B) Repealed.

(9C) “Unregulated contaminant” means the contaminants regulated by the United States Environmental Protection Agency pursuant to the Revisions to the Unregulated Contaminant Monitoring Regulation for Public Water Systems set forth in 40 C.F.R. § 141.40.

(10) “Water and sewer rates” means the fees imposed by the Authority on its retail customers for water, sewer, and stormwater services pursuant to this chapter.

(11) “Water distribution system” means all the facilities used, or to be used, for the distribution of potable water situated within the public space of the District.

(Apr. 18, 1996, D.C. Law 11-111, § 201, 43 DCR 548; Apr. 9, 1997, D.C. Law 11-184, § 202(b), 43 DCR 4265; June 9, 2001, D.C. Law 13-311, § 2(a), 48 DCR 3512; Mar. 25, 2009, D.C. Law 17-371, § 3(a), 56 DCR 1353; Mar. 19, 2013, D.C. Law 19-240, § 2(a), 59 DCR 14790.)

Prior Codifications

1981 Ed., § 43-1671.

Section References

This section is referenced in § 8-105.71 and § 8-151.01.

Effect of Amendments

D.C. Law 13-311 added pars. (9A) and (9B).

D.C. Law 17-371 repealed pars. (9A) and (9B).

The 2013 amendment by D.C. Law 19-240 added (1A), (3A), and (9C).

Emergency Legislation

For temporary amendment of section, see § 2(b) of the District of Columbia Water and Sewer Authority Emergency Amendment Act of 1996 (D.C. Act 11-293, July 9, 1996, 43 DCR 4160).

For temporary amendment of section, see § 2(b) of the Water and Sewer Authority Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-397, October 9, 1996, 43 DCR 5686), § 2(b) of the Water and Sewer Authority Second Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-466, December 30, 1996, 44 DCR 165), and § 2(b) of the Water and Sewer Authority Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-48, March 31, 1997, 44 DCR 2105).

§ 34–2202.02. Establishment of the District of Columbia Water and Sewer Authority; general purpose of the Authority.

(a) There is established, as an independent authority of the District government, the District of Columbia Water and Sewer Authority. The Authority shall be a corporate body, created to effectuate certain public purposes, that has a separate legal existence within the District government.

(b) Except as provided in §§ 34-2202.14 and 34-2202.15, the Authority shall be subject to all laws applicable to offices, agencies, departments, and instrumentalities of the District government, and shall be subject to the provisions of Chapter 2 of Title 1, including provisions granting oversight responsibilities to the Chief Financial Officer as defined in § 1-204.25(b).

(c) Notwithstanding any other provisions of this chapter, the general purpose of the Authority is to plan, design, construct, operate, maintain, regulate, finance, repair, modernize, and improve water distribution and sewage collection, treatment, and disposal systems and services, and to encourage conservation.

(Apr. 18, 1996, D.C. Law 11-111, § 202, 43 DCR 548; Sept. 18, 2007, D.C. Law 17-20, § 6062(a), 54 DCR 7052.)

Prior Codifications

1981 Ed., § 43-1672.

Section References

This section is referenced in § 1-204.53, § 1-204.90, § 2-223.01, § 8-105.71, § 34-2202.01, and § 42-3251.

Effect of Amendments

D.C. Law 17-20, in subsec. (b), inserted “,including provisions granting oversight responsibilities to the Chief Financial Officer as defined in § 1-204.25(b)”.

Emergency Legislation

For temporary (90 day) amendment of section, see § 6062(a) of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).

Short Title

Short title: Section 6061 of D.C. Law 17-20 provided that subtitle G of title VI of the act may be cited as the “Water and Sewer Authority Clarification of Authorities and Report Requirement Amendment Act of 2007”.

Editor's Notes

The phrase “including provisions granting oversight responsibilities to the Chief Financial Officer as defined in § 1-204.25(b)” in subsection (b) of this section, has been superseded by § 1-204.25(e).

Mayor's Orders

Establishment of the Executive Transition Team for the District of Columbia Water and Sewer Authority: See Mayor’s Order 96-43, March 27, 1996 ( 43 DCR 1807).

§ 34–2202.03. General powers of Authority.

In addition to the delegation of powers contained in § 34-2202.08, the Authority shall possess the following powers:

(1) To sue and be sued;

(2) To have a seal and alter the seal at its pleasure;

(3) To make, adopt, and alter by-laws, rules, and regulations for the administration and regulation of its business and affairs;

(4) To elect, appoint, or hire officers, employees, or other agents of the Authority, except Board members, including experts and fiscal agents, define their duties, and fix their compensation;

(5) To acquire, by purchase, gift, lease, or otherwise, and to own, hold, improve, use, sell, convey, exchange, transfer, lease, sublease, and dispose of real and personal property of every kind and character, or any interest therein, for its corporate purposes;

(6) To issue regulations and establish policies for contracting and procurement which are consistent with principles of competitive procurement;

(7) To accept loans, gifts, or grants of money, materials, or property of any kind from the United States, or any agency or instrumentality thereof, or the District, upon terms and conditions as may be imposed upon the Authority to the extent that the terms and conditions are not inconsistent with the limitations and laws of the District and are otherwise within the powers of the Authority;

(8) To borrow money for any of its corporate purposes and to provide for the payment of the same, as may be permitted under the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 777; § 1-201.01 et seq.), and the laws of the District;

(9) To issue revenue bonds pursuant to § 34-2202.09;

(10) To enter into contracts with the District, the United States, Maryland, or Virginia, or their political subdivisions, other public entities, or private entities for goods and services as needed to achieve its purposes; provided, that prior to the Authority contracting out to a private entity, a service or activity performed by employees of the Authority, through established standards developed by rules and regulations, the Authority shall establish that the contracting out will achieve increased efficiencies and cost savings to the Authority; provided further, that any contractor who is awarded a contract that displaces any District government employee of the Authority shall offer to any displaced employee a right-of-first-refusal to employment by the contractor, in a comparable available position for which the employee is qualified, for at least a 6-month period during which time the employee shall not be discharged without cause. If the employee’s performance during the 6-month transition employment period is satisfactory, the new contractor shall offer the employee continued employment under the terms and conditions established by the new contractor. Any District government employee of the Authority who is displaced as a result of a contract and is hired by the contractor who was awarded the contract which displaced the employee shall be entitled to the benefits provided by the Service Contract Act of 1965, 41 U.S.C. § 351 et seq., notwithstanding any exclusion of applicability of the Service Contract Act of 1965 to the employee;

(11) To establish, adjust, levy, collect, and abate charges for services, facilities, or commodities furnished or supplied by it;

(12) To refund overcharges for services, facilities, or commodities furnished or supplied by it;

(13) To undertake any public project, acquisition, construction, or any other act necessary to carry out its purposes;

(14) To maintain, repair, operate, extend, enlarge, investigate, design, construct, and improve the water distribution and sewage collection, treatment, and disposal systems;

(15) To engage in activities, programs, and projects on its own behalf or, with the concurrence of the Mayor, jointly with other public bodies or political divisions or subdivisions of the District of Columbia;

(16) To provide for the cost of activities, programs, and projects from grants, loans, the proceeds of bonds, or from other revenues available to the Authority for such purposes;

(17) To exercise any power usually possessed by public enterprises or private corporations performing similar functions that is not in conflict with the District of Columbia Home Rule Act [§ 1-201.01 et seq.], or the laws of the District;

(18) To implement all rules, regulations, and laws relating to the distribution of water and sewage collection, treatment, and disposal, other than those laws that impose a penalty of imprisonment;

(19) To shut off water and sewer service, after notice, for good and sufficient cause;

(20) To purchase and distribute potable water to the inhabitants of the District;

(21) To purchase and distribute potable water to other jurisdictions as provided by law;

(22) To develop policies related to the proper use and distribution of water to households and public and private institutions during times of normal consumption and during emergency situations;

(23) To construct water mains and sewers in any street, avenue, road, or alley in the District under conditions as the Mayor may prescribe;

(24) To petition the Mayor to acquire property through eminent domain;

(25) To enter into contracts, including leases and lease-purchase agreements involving real property and personal property;

(26) To indicate in its records the existence and location of sewers and service sewers within its jurisdiction;

(27) To determine whether potable water should be used for mechanical and manufacturing purposes, private fountains, and street and pavement washers;

(28) To privatize the day-to-day operations of the Blue Plains Wastewater Treatment Plant; provided, that the Board of Directors of the Authority submit its recommendation on the feasibility of privatization pursuant to § 34-2202.05(g)(1) and submits the privatization contract pursuant to § 34-2202.05(g)(2);

(29) To enter into a financing lease, a service agreement or other arrangement for contracted services; obligations with respect to credit facilities; and interest rate swaps, interest rate caps, interest rate floors and any other interest rate-related hedge agreements entered into by the Authority for the purpose of interest rate risk and asset management that may be, but need not be, entered into in conjunction with the issuance of bonds or notes by the Authority;

(30) To do all things necessary or convenient to carry out the powers expressly provided by this chapter;

(31) To determine whether churches, charitable organizations, or institutions that receive annual appropriations from Congress should be furnished with water or sewer service without charge;

(32) To collect and receive its revenues and disburse its necessary and reasonable expenses; and

(33) In collaboration with the Fire and Emergency Medical Services Department, to inspect, repair, and maintain all public fire hydrants, and to ensure that each hydrant will provide adequate flow levels to all locations in the District of Columbia.

(Apr. 18, 1996, D.C. Law 11-111, § 203, 43 DCR 548; Apr. 9, 1997, D.C. Law 11-184, § 202(c), 43 DCR 4265; Apr. 9, 1997, D.C. Law 11-255, § 45, 44 DCR 1271; May 13, 2008, D.C. Law 17-158, § 2, 55 DCR 3709; Sept. 26, 2012, D.C. Law 19-171, § 90(a), 59 DCR 6190.)

Prior Codifications

1981 Ed., § 43-1673.

Section References

This section is referenced in § 34-2202.07.

Effect of Amendments

D.C. Law 17-158 added par. (33).

The 2012 amendment by D.C. Law 19-171 validated previously made technical corrections.

Emergency Legislation

For temporary amendment of section, see § 2(c) of the District of Columbia Water and Sewer Authority Emergency Amendment Act of 1996 (D.C. Act 11-293, July 9, 1996, 43 DCR 4160).

For temporary amendment of section, see § 2(c) of the Water and Sewer Authority Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-397, October 9, 1996, 43 DCR 5686), § 2(c) of the Water and Sewer Authority Second Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-466, December 30, 1996, 44 DCR 165), and § 2(c) of the Water and Sewer Authority Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-48, March 31, 1997, 44 DCR 2105).

For temporary approval of a multiyear contract with the United States of America for potable water, see §§ 2 and 3 of the Multiyear Water Purchase Agreement Emergency Amendment Act of 1997 (D.C. Act 12-116, July 28, 1997, 44 DCR 4504).

For temporary (90 day) amendment of section, see § 2(a) of Fire Hydrant Inspection, Repair, Maintenance, and Fire Preparedness Emergency Amendment Act of 2007 (D.C. Act 17-175, November 2, 2007, 54 DCR 11219).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(a) of the Fire Hydrant Inspection, Repair, Maintenance, and Fire Preparedness Temporary Amendment Act of 2007 (D.C. Law 17-77, January 23, 2008, law notification 55 DCR 1457).

§ 34–2202.04. Establishment of a board of directors.

(a)(1) The Authority shall be governed by a board of directors (“Board”) comprised of 11 members.

(2)(A) Six Board members shall be District residents, appointed by the Mayor with the advice and consent of the Council, of whom:

(i) No more than 4 may be District employees or officials; and

(ii) One shall be the Director of the District Department of the Environment or a cabinet-level officer, as determined by the Mayor.

(B) The nomination of a Board member shall be submitted to the Council for a 90-day period of review, excluding days of Council recess. If the Council does not approve the nomination by resolution within this 90-day review period, the nomination shall be deemed disapproved.

(3) The Mayor shall appoint persons recommended by the other participating jurisdictions to the remaining 5 Board positions. These 5 Board members shall only participate in decisions directly affecting the general management of joint-use sewerage facilities. Of the 5 non-District Board members appointed by the Mayor:

(A) One Board member shall be a person recommended by Fairfax County, Virginia, pursuant to jurisdictional law;

(B) Two Board members shall be persons recommended by Montgomery County, Maryland, pursuant to jurisdictional law; and

(4) The Mayor shall also appoint an alternate for each Board member, in the same manner as set forth for Board members in paragraphs (2) and (3) of this subsection, who may attend all Board meetings but who may act only in the absence of the Board member for whom he or she has been appointed the alternate.

(b) Any Board member or alternate who is an employee of the District government, including an elected official, shall be removed from the Board upon leaving the employment of the District government or elected office.

(c) Any Board member or alternate who is an employee of the government of one of the other participating jurisdictions, including an elected official, may, upon leaving the employment of the government or elected office, have his or her membership on the Board terminated by the Mayor or, at the Mayor’s initiative, following consultation with the appropriate official set forth in subsection (a)(3) of this section.

(d) Board members and alternates shall serve 4-year terms. Of the 11 Board members and alternates initially appointed to the Board, 3 District appointees and 2 other participating jurisdiction appointees shall serve 4-year terms, 2 District appointees and 2 other participating jurisdiction appointees shall serve 3-year terms, and 1 District appointee and 1 other participating jurisdiction appointee shall serve 2-year terms.

(e) Any person appointed to fill a vacancy on the Board shall be appointed only for the unexpired term of the Board member whose vacancy is being filled. If any Board member or alternate is appointed to fill an unexpired term with more than 2 years remaining in the term, upon expiration of the term, that Board member or alternate shall be deemed to have served a full 4-year term. At the end of a term, a Board member or alternate shall continue to serve until a successor is appointed.

(f) The Mayor shall appoint a chairperson of the Board from among the 6 District Board members.

(g) The Mayor shall remove any Board member or alternate from office for misconduct or neglect of duty, as defined by the Board in its by-laws, or for other good cause, after notice to the Board member. Prior to removing a Board member or alternate appointed pursuant to subsection (a)(3) of this section, the Mayor shall consult with the official or officials who recommended the Board member or alternate. The Mayor shall also remove a Board member or alternate appointed pursuant to subsection (a)(3) of this section upon the request of the official or officials who recommended the board member or alternate, if grounds exist for removal under this subsection.

(h) Should a Board member or alternate be indicted for the commission of a felony, the Board member or alternate shall be automatically suspended from serving on the Board. Upon a final determination of guilt, the term of the Board member or alternate shall be automatically terminated. Upon a final determination of innocence, the Mayor may reinstate the Board member or alternate.

(i) All Board meetings shall be subject to the provisions of § 1-207.42. For meetings open to the public, including committee meetings, the Board shall provide a method for the public to remotely attend the meeting, and include information on how the public may remotely attend as part of any notice posted on the Board's website.

(j) Before any meeting of the Board, Board members shall be notified of the meeting. Six Board members shall constitute a quorum for the transaction of business. The existence of a quorum and an affirmative vote of a majority of the members present, who are permitted to participate in the matter under consideration, shall be required to approve any Board action; except, that 7 affirmative votes shall be required for approval of the Authority’s budget and 8 affirmative votes shall be required for the hiring or firing of the General Manager. No vacancy in membership shall impair the right of a quorum to exercise all rights and perform all duties of the Board.

(k) A Board member not otherwise compensated by the District or one of the other participating jurisdictions shall be entitled to compensation by the Authority at the rate of $50 per meeting, not to exceed $4,000 per year. Board members shall not be entitled to reimbursement for expenses, except that transportation, parking, or mileage expenses incurred in the performance of official duties of the Board may be reimbursed, not to exceed $20 per meeting.

(Apr. 18, 1996, D.C. Law 11-111, § 204, 43 DCR 548; Apr. 9, 1997, D.C. Law 11-184, § 202(d), 43 DCR 4265; June 12, 1999, D.C. Law 12-285, § 4(d), 46 DCR 1355; Feb. 15, 2006, D.C. Law 16-51, § 201, 52 DCR 10812; Mar. 16, 2021, D.C. Law 23-229, § 2(a), 68 DCR 001112.)

Prior Codifications

1981 Ed., § 43-1674.

Section References

This section is referenced in § 1-523.01.

Effect of Amendments

D.C. Law 16-51 rewrote subsec. (a)(2) which had read as follows: “(2) Six Board members shall be District residents, appointed by the Mayor with the advice and consent of the Council, of whom no more than 4 may be District employees or officials. The nomination of a Board member shall be submitted to the Council for a 90-day period of review, excluding days of Council recess. If the Council does not approve the nomination by resolution within this 90-day review period, the nomination shall be deemed disapproved.”

Emergency Legislation

For temporary amendment of section, see § 2(d) of the District of Columbia Water and Sewer Authority Emergency Amendment Act of 1996 (D.C. Act 11-293, July 9, 1996, 43 DCR 4160).

For temporary amendment of section, see § 2(d) of the Water and Sewer Authority Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-397, October 9, 1996, 43 DCR 5686), § 2(d) of the Water and Sewer Authority Second Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-466, December 30, 1996, 44 DCR 165), and § 2(d) of the Water and Sewer Authority Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-48, March 31, 1997, 44 DCR 2105).

For temporary (90-day) amendment of section, see § 4(d) of the Confirmation Act Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-92, June 15, 1999, 46 DCR 5330).

§ 34–2202.05. Duties of the Board.

(a) The Board shall have the following duties:

(1) To adopt and publish internal operating rules for the conduct of Board meetings;

(2) To develop policies for the management, maintenance, and operation of water distribution and sewage collection, treatment, and disposal systems under the control of the Authority;

(3) Adopt and publish rules and regulations governing the operation of the water distribution and sewage collection, treatment, and disposal systems under the control of the Authority;

(4) Develop and establish a personnel system and publish rules and regulations setting forth minimum standards for all employees, including pay, contract terms, leave, retirement, health and life insurance, and employee disability and death benefits;

(5) Select, employ, and fix the compensation and benefits for the General Manager and for the staff of the Board, as it deems necessary;

(6) Delegate to the General Manager any authority granted to the Board under subsection (a)(2) through (5) of this section; and

(7) To establish a procurement system which is consistent with principles of competitive procurement and to publish rules and regulations relating thereto.

(b)(1) The personnel system developed pursuant to subsection (a)(4) of this section shall be in place no later than 6 months after April 18, 1996. The personnel rules and regulations shall require that no employee shall engage in outside employment, private business activity, or have any direct or indirect financial interest that conflicts, or would appear to conflict, with the fair, impartial, and objective performance of the employee’s assigned duties and responsibilities.

(2) Department of Public Works employees whose salaries are funded by the Water and Sewer Utility Administration shall become employees of the Authority without impairment of civil service status and seniority, reduction in compensation (notwithstanding any change in job titles or duties, and except as may otherwise be provided under the personnel system developed pursuant to subsection (a)(4) or a collective bargaining agreement entered into after April 18, 1996) or loss of accrued rights to holidays, leave, and benefits. All employees of the Authority shall perform their duties under the direction, control, and supervision of the Authority; provided, however, that any employee subject to transfer whose existing duties and responsibilities are determined by the Authority and the Department of Public Works to relate directly and primarily to functions of the Department of Public Works, and for whom a position at the Department of Public Works is funded in whole or in part, shall remain an employee of the Department of Public Works and shall continue to perform duties under the direction, control, and supervision of the Department of Public Works and not under funding arrangements thereafter derived from the accounts of the Authority.

(c) The Board shall prepare, within 120 days after the end of each District government fiscal year, a detailed annual report setting forth a description of the Authority’s operations and accomplishments during the year and shall transmit copies of the report to the Mayor and the Council.

(c-1) On an annual basis, the Board shall publish on its website details about all customer inquiries received during the preceding year.

(d) The Board shall contract with an independent certified public accountant to perform an annual audit of the books and accounts of the Authority and shall submit the audit to the Mayor, the Chief Financial Officer, and the Inspector General.

(e) The Board shall annually develop, adopt, and submit to the Mayor a multiyear financial plan for capital and operating expenses encompassing at least the forthcoming 5 fiscal years. The plan shall be submitted to the Mayor no less than 90 days prior to the beginning of each District government fiscal year.

(f) The Board shall carry insurance sufficient to protect the Authority, the Board, the Board members, officers, and employees of the Board, its lessees or occupants, the District government, and other participating jurisdictions against risks associated with the exercise by the Authority or the Board of any authority conferred by this chapter; provided, however, that no Board member shall be personally liable for any act or omission of the Authority, except with regard to any fraudulent or criminally prosecutable act committed by a Board member in connection with an act or omission of the Authority.

(g)(1) The Board shall assess the feasibility, including the financial benefits, if any, of engaging a private entity to lease, or purchase all or any portion of the Blue Plains Wastewater Treatment Plant. This assessment shall be completed no later than 6 months after April 18, 1996. The Board shall submit its recommendation to the Mayor who shall submit his or her recommendation to the Council within 60 days of receiving the Board’s recommendation.

(2) No contract to privatize the Blue Plains Wastewater Treatment Plant shall be entered into by the Authority, unless the Board submits the privatization contract to the Mayor, the Mayor approves and submits the contract to the Council, and the Council approves the contract pursuant to § 1-204.51(b)(1) and the Council Contract Approval Modification Temporary Act of 1996, effective April 9, 1997 (D.C. Law 11-190; 43 DCR 4279) (“Contract Approval Act”) and succeeding laws.

(3) No contract to purchase or lease all or any portion of the Blue Plains Wastewater Treatment Plant shall be entered into by the Authority unless the Board submits the sale or lease contract to the Mayor, the Mayor approves and submits the contract to the Council, and the Council approves the contract pursuant to § 1-204.51(b)(1) and the Contract Approval Act and any succeeding laws.

(4) Notwithstanding any other law, any agreement or contract to operate the Blue Plains Treatment Plant shall reserve to the District the right of access and use of any water front property, including the concrete pier.

(h)(1) Within 60 days of September 18, 2007, the Board shall contract with an independent consultant to conduct a comprehensive review of the Authority’s operating and capital budgets, plans, and programs, including a review of the merits of and the timetable for all planned capital expenditures.

(2) Within 240 days of September 18, 2007, the Board shall receive the independent consultant’s report, with recommendations for maximizing potential savings to the District’s rate-payers over the course of the implementation of both the Capital Improvement Program and the Long Term Control Plan, and shall transmit copies of the report to the Mayor and the Council within one week of its receipt by the Board.

(Apr. 18, 1996, D.C. Law 11-111, § 205, 43 DCR 548; Aug. 8, 1996, 110 Stat. 1698, Pub. L. 104-184, § 5; Apr. 9, 1997, D.C. Law 11-184, § 202(e), 43 DCR 4265; Sept. 18, 2007, D.C. Law 17-20, § 6062(b), 54 DCR 7052; Apr. 11, 2019, D.C. Law 22-299, § 2(a), 66 DCR 2020.)

Prior Codifications

1981 Ed., § 43-1675.

Section References

This section is referenced in § 34-2202.03 and § 34-2202.07.

Effect of Amendments

D.C. Law 17-20 added subsec. (h).

Applicability

Applicability of D.C. Law 22-299: § 7174 of D.C. Law 23-16 repealed § 4 of D.C. Law 22-299. Therefore the amendment of this section by D.C. Law 22-299 has been implemented.

Applicability of D.C. Law 22-299: § 4 of D.C. Law 22-299 provided that the change made to this section by § 2(a) of D.C. Law 22-299 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) repeal of applicability provision of D.C. Law 22-299, see § 7174 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) repeal of applicability provision of D.C. Law 22-299, see § 7174 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary amendment of section, see § 2(e) of the District of Columbia Water and Sewer Authority Emergency Amendment Act of 1996 (D.C. Act 11-293, July 9, 1996, 43 DCR 4160).

For temporary amendment of section, see § 2(e) of the Water and Sewer Authority Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-397, October 9, 1996, 43 DCR 5689), § 2(e) of the Water and Sewer Authority Second Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-466, December 30, 1996, 44 DCR 165), and § 2(e) of the Water and Sewer Authority Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-48, March 31, 1997, 44 DCR 2105).

For temporary (90 day) amendment of section, see § 6062(b) of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).

For temporary (90 day) amendment of section, see § 2(b) of Fire Hydrant Inspection, Repair, Maintenance, and Fire Preparedness Emergency Amendment Act of 2007 (D.C. Act 17-175, November 2, 2007, 54 DCR 11219).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(b) of the Fire Hydrant Inspection, Repair, Maintenance, and Fire Preparedness Temporary Amendment Act of 2007 (D.C. Law 17-77, January 23, 2008, law notification 55 DCR 1457).

Resolutions

Resolution 17-612, the “District of Columbia Water and Sewer Authority Plan for Public Fire Hydrant Maintenance and the Provision of Adequate Water Levels to District Hydrants Approval Resolution of 2008”, was approved effective May 6, 2008.

§ 34–2202.05a. Consumer protection, consumer education, rules.

(a) The Office of People's Counsel ("OPC"), established by § 34-804, may:

(1) Represent District of Columbia ratepayers at administrative hearings when these hearings involve the interests of users of the products of or services furnished by the Authority;

(2) Represent the interests of and advocate for District of Columbia ratepayers at public hearings held by the Authority, pursuant to section 216(b), to establish and adjust water and sewer rates;

(3) Represent and advocate for District of Columbia ratepayers at proceedings before local and federal regulatory agencies and courts when those proceedings involve the interests of users of the products of or services furnished by the Authority;

(4) Investigate the services given by, and the rates charged by, the Authority, in response to complaints received by the OPC, including complaints regarding:

(A) Billing practices and payment plans;

(B) Service connection and disconnection;

(D) Notice of construction schedules; and

(5) Advise and educate Authority customers about their legal rights and responsibilities pursuant to the rules governing service by the Authority.

(b) Within one year after April 11, 2019, the OPC, or a contractor selected by the OPC, shall prepare and submit to the Mayor and Council a study of, and recommendations on how to improve, the Authority's billing activities, meter reading accuracy, and customer service operations.

(c)(1) The Authority shall provide the OPC, or, for the purposes of subsection (b) of this section, a contractor selected by the OPC, access to any accounts, books, papers, and documents considered necessary to carry out the functions described in subsections (a) and (b) of this section.

(2) Before requesting access to a customer account from the Authority, OPC shall obtain permission from the customer holding the account to request such access.

(d) The Authority shall, within 14 business days after receipt of an inquiry related to the functions described in subsection (a) or (b) of this section, from OPC or, for the purposes of subsection (b) of this section, a contractor selected by the OPC, respond on the merits to the inquiry; provided, that if the inquiry is made in the course of a formal proceeding before a court or agency, this subsection shall not apply and the Authority shall respond within the period of time required by the rules governing the proceeding.

(e) Within 3 months after October 1, 2019, a working group comprised of representatives from the Authority, the OPC, and the Department of Energy and Environment shall develop a Consumer Bill of Rights that delineates the rights and responsibilities of the Authority and its customers for consideration and enactment by the Authority.

(f)(1) Within 5 days after an emergency event, the Authority shall provide the following information to OPC and the Chairpersons of the Advisory Neighborhood Commissions ("ANC") and Ward Councilmembers representing areas that include affected properties:

(A) A description of the emergency event, including, where available, the cause of the emergency event;

(B) A list of ANCs with affected properties;

(D) A list of actions taken by the Authority in response to the emergency event;

(E) A list of actions the Authority plans to take in response to the emergency event; and

(F) Information, including a best point of contact, for owners of affected properties to report damage to or seek relief from the Authority.

(2) Within 30 days after the end of an emergency event, the Authority shall provide a report to OPC and the Chairpersons of the ANCs and Ward Councilmembers representing areas that include affected properties that includes the following:

(A) Information on affected properties, including:

(i) The number of affected properties;

(ii) A list of ANCs with affected properties;

(B) Information on the emergency event, including:

(i) For emergency events stemming from an extreme weather event:

(I) The duration and amount of rainfall; and

(II) An approximate number of affected properties experiencing any sewer system back-ups.

(ii) For emergency events resulting in a major service interruption, the average amount of time affected properties were without service; and

(iii) For emergency events resulting in the issuance of a Tier 1 public notice pursuant to the Environmental Public Agency ("EPA") Public Notification Rule, the length of time between the Authority becoming aware of the emergency event requiring a Tier 1 public notice and the Authority's issuance of the Tier 1 public notice to residents affected by the emergency event;

(i) Relief the Authority has offered to owners of affected properties; and

(ii) Outreach by the Authority to owners of affected properties and, for events resulting in the issuance of a Tier 1 public notice pursuant to the EPA Public Notification Rule, potentially affected properties; and

(D) A list of planned actions to address the cause of the emergency event, if any.

(3) For the purposes of this subsection, the term:

(A) "Affected property" means a property where the owner or tenant has reported to the Authority, or the Authority has otherwise identified, that an emergency event affected the property.

(B) "Emergency event" means an event resulting in a major service interruption, the issuance of a Tier 1 public notice pursuant to the EPA Public Notification Rule, or an extreme weather event.

(C) "Extreme weather event" means an event in which the duration and intensity of rainfall causes an exceedance of the District's sewer system.

(D) "Major service interruption" means an unplanned interruption in water and sewer service lasting at least 24 hours and impacting at least 50 properties.

(E) "Outreach" includes emails, text messages, and phone calls, social media posts, emergency alerts, media advisories and press releases, and other similar efforts to communicate with property owners.

§ 34–2202.06. General Manager; employment and duties.

(a) The Board, by the affirmative vote of 8 of its members, shall employ a General Manager who shall be the chief administrative officer of the Authority. The General Manager shall not be a member of the Board and shall serve at the pleasure of the Board. The General Manager shall perform duties as determined by the Board.

(b) The General Manager, in his or her sole discretion, may restrict combined sewer flow into the District from Maryland and Virginia, so long as the action does not violate § 34-2202.18.

(Apr. 18, 1996, D.C. Law 11-111, § 206, 43 DCR 548; Apr. 9, 1997, D.C. Law 11-184, § 202(f), 43 DCR 4265; Feb. 6, 2008, D.C. Law 17-108, § 213(a), 54 DCR 10993; July 15, 2008, 122 Stat. 2491, Pub. L. 110-273, § 4(a); Mar. 25, 2009, D.C. Law 17-370, § 3(a), 56 DCR 1350.)

Prior Codifications

1981 Ed., § 43-1676.

Effect of Amendments

D.C. Law 17-108 inserted “The General Manager shall be a resident of the District and shall remain a District resident for the duration of his or her employment by the Authority. Failure to maintain District residency shall result in a forfeiture of the position.”

Pub. L. 110-273 deleted the two sentences added by D.C. Law 17-108.

D.C. Law 17-370 designated subsec. (a); and added subsec. (b).

Emergency Legislation

For temporary amendment of section, see § 2(f) of the District of Columbia Water and Sewer Authority Emergency Amendment Act of 1996 (D.C. Act 11-293, July 9, 1996, 43 DCR 4160).

For temporary amendment of section, see § 2(f) of the Water and Sewer Authority Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-397, October 9, 1996, 43 DCR 5686), § 2(f) of the Water and Sewer Authority Second Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-466, December 30, 1996, 44 DCR 165), and § 2(f) of the Water and Sewer Authority Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-48, March 31, 1997, 44 DCR 2105).

Effective Dates

Section 4(b) of Pub. L. 110-273 provided that subsection (a) shall take effect as if included in the enactment of D.C. Law 17-172.

§ 34–2202.06a. Storm Water Administration. [Repealed]

Repealed.

§ 34–2202.06b. Storm Water Permit Compliance Enterprise Fund. [Repealed]

Repealed.

§ 34–2202.06c. Storm Water Advisory Panel. [Repealed]

Repealed.

(Apr. 18, 1996, D.C. Law 11-111, § 206c; as added June 9, 2001, D.C. Law 13-311, § 2(b), 48 DCR 3512; May 21, 2002, D.C. Law 14-137, § 11, 49 DRC 3444; Apr. 13, 2005, D.C. Law 15-354, § 52, 52 DCR 2638; Mar. 2, 2007, D.C. Law 16-191, § 48(d), 53 DCR 6794; Mar. 25, 2009, D.C. Law 17-371, § 3(b), 56 DCR 1353.)

Effect of Amendments

D.C. Law 14-137, in subsec. (b), substituted “7” for “5”; in subsecs. (b)(4) and (b)(5), made nonsubstantive changes; and added subsecs. (b)(6) and (b)(7).

D.C. Law 15-354, in subsec. (b), inserted “District” preceding “Department of Transportation”.

D.C. Law 16-191 validated a previously made technical change in the directory language of D.C. Law 15-534.

§ 34–2202.06d. Water quality testing.

(a) Beginning in January 2014, the Authority shall conduct testing of the District’s drinking water for, at a minimum, regulated contaminants included in the Revisions to the Unregulated Contaminant Monitoring Regulation for Public Water Systems set forth in 40 C.F.R. § 141.40.

(b) After receiving results of each test as required by the United States Environmental Protection Agency, the Authority, within 120 days or when it submits the related report to the Environmental Protection Agency, whichever comes first, shall:

(1) Report to the Mayor the results of each test; and

(2) Make the results available to the public via the Authority’s website.

§ 34–2202.06e. Water Quality Assurance Advisory Panel.

(a) There is established the Water Quality Assurance Advisory Panel (“Panel”) for the purpose of providing information to the public and guidance to the Mayor and the General Manager of the District of Columbia Water and Sewer Authority (“General Manager”) on levels of unregulated contaminants in District drinking water and the presence and effects of endocrine disruptor compounds in wastewater effluent. The Panel shall make recommendations regarding the testing and treatment of the District’s drinking water and wastewater.

(b) Within 90 days of the completion of one year of unregulated contaminant testing of drinking water and a study on the presence and effects of endocrine disruptor compounds in wastewater effluent, the Panel shall convene a public meeting to discuss the following:

(1) An analysis of the health and environmental impact of unregulated contaminants as tested for a full calendar year pursuant to § 34-2202.06d;

(2) Recommendations for continued monitoring of unregulated contaminants and endocrine disruptor compounds that were tested under §§ 34-2202.06d and 34-2202.06g;

(3) Additional testing for unregulated contaminants and endocrine disruptor compounds not being tested under § 34-2202.06d or § 34-2202.06g;

(4) Recommendations for improving the reduction of unregulated contaminants and endocrine disruptor compounds at their source;

(5) Methods for improving public awareness and education related to unregulated contaminants and endocrine disruptor compounds;

(6) Coordination with regional jurisdictions to improve source water quality;

(7) Information sharing related to treatment alternatives analysis conducted at the Washington Aqueduct;

(8) Treatment alternatives that reduce or eliminate unregulated contaminants in District’s drinking water and endocrine disruptor compounds in wastewater effluent; and

(9) Presenting the latest research related to unregulated contaminants and endocrine disruptor compounds regarding their effect on the environment and public health to the public.

(c) Pursuant to Revisions to the Unregulated Contaminant Monitoring Regulation for Public Water Systems set forth in 40 C.F.R. § 141.40, 120 days after the Panel convenes, it shall issue a report to the Mayor and the General Manager summarizing the discussion set forth in subsection (b) of this section and any resulting water quality recommendations. The Panel may convene thereafter to provide the Mayor, the General Manager, and the public with additional recommendations regarding the monitoring and treatment of unregulated contaminants in the District’s drinking water.

(d) The report shall be made public on the Authority’s website upon submission to the Mayor.

§ 34–2202.06f. Composition and organization of the Water Quality Assurance Advisory Panel.

(a) The Panel established under § 34-2202.06e shall be composed of 9 experts who, at a minimum, demonstrate knowledge in at least one of the following professional fields:

(1) Water quality;

(2) Water treatment;

(3) Toxicology;

(4) Public health;

(5) Civil engineering; or

(6) Environmental engineering.

(b) Of the 9 Panel members, one shall be the General Manager or the General Manager’s designee, and one shall be a representative from the Washington Aqueduct.

§ 34–2202.06g. Wastewater study and testing.

(a) By July 1, 2013, the Authority shall initiate a study that tests for the presence of endocrine disruptor compounds in wastewater effluent.

(b) The Authority shall present the findings of the study to the Panel, the General Manager, the Mayor, and the Council within 30 days of the completion of the study.

(c) The Authority shall be required to implement the provisions of this section upon a transfer by the Chief Financial Officer of the District from the unrestricted fund balance of the General Fund of the District of Columbia to the Authority of the funding necessary to implement the provisions of this section.

(d) Repealed.

(Apr. 18, 1996, D.C. Law 11-111, § 206g; as added Mar. 19, 2013, D.C. Law 19-240, § 2(b), 59 DCR 14790; Oct. 22, 2015, D.C. Law 21-36, § 7012(a), 62 DCR 10905.)

Section References

This section is referenced in § 34-2202.06e.

Effect of Amendments

The 2013 amendment by D.C. Law 19-240 added this section.

The 2015 amendment by D.C. Law 21-36 repealed (d).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 7010c(a) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) addition of D.C. Law 20-155, § 7010c, and amendment of this section, see § 2(k) of the Fiscal Year 2015 Budget Support Clarification Emergency Act of 2014 (D.C. Act 20-461, November 6, 2014, 61 DCR 11784, 20 STAT 4368).

For temporary (90 days) amendment of this section, see § 7010c(a) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) addition of D.C. Law 20-155, § 7010c, and amendment of this section, see § 2(k) of the Fiscal Year 2015 Budget Support Clarification Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-587, January 13, 2015, 62 DCR 1294, 21 STAT 758).

For temporary (90 days) amendment of this section, see § 7016(k)(1) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Temporary Legislation

For temporary (225 days) addition of D.C. Law 20-155, § 7010c, see § 2(j) of the Fiscal Year 2015 Budget Support Clarification Temporary Amendment Act of 2014 (D.C. Law 20-179, March 7, 2015, 62 DCR 424).

Legislative History

Legislative history of Law 21-36

§ 34–2202.06h. Continued testing and remediation.

(a) Upon receipt of the report from the Panel set forth in § 34-2202.06e, the General Manager shall create and implement a plan that considers potential remediation options and continued testing for unregulated contaminants and endocrine disruptor compounds in a manner consistent with the recommendations of the Panel’s report.

(b) If formal remediation steps cannot be taken for a specific contaminant, the General Manager shall provide evidence of infeasibility of remediation for that contaminant.

(d) The Authority shall be required to implement the provisions of this section upon a transfer by the Chief Financial Officer of the District from the unrestricted fund balance of the General Fund of the District of Columbia to the Authority of the funding necessary to implement the provisions of this section.

(e) Repealed.

(Apr. 18, 1996, D.C. Law 11-111, § 206h; as added Mar. 19, 2013, D.C. Law 19-240, § 2(b), 59 DCR 14790; Oct. 22, 2015, D.C. Law 21-36, § 7012(b), 62 DCR 10905.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-240 added this section.

The 2015 amendment by D.C. Law 21-36 repealed (e).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 7010c(b) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see § 7010c(b) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) amendment of this section, see § 7016(k)(2) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Temporary Legislation

§ 34–2202.07. Water and Sewer Enterprise Fund; assets of the Water and Sewer Utility Administration of the Department of Public Works; transfer of funds and assets; pledge of revenues.

(a) There is established the Water and Sewer Authority Enterprise Fund (“Fund”) which shall be the successor to the Water and Sewer Enterprise Fund established pursuant to § 47-375(g). The Fund shall be operated by the Authority in accordance with generally accepted accounting principles.

(b) Subject to the provisions made by the Authority pursuant to this subchapter for security of revenue bonds, all revenues, proceeds, and moneys from whatever source derived, except those collected or received from the storm water fee, which are collected or received by the Authority shall be credited to the Fund and shall not, at any time, be transferred to, lapse into, or be commingled with the General Fund of the District of Columbia, the Cash Management Pool, or any other funds or accounts of the District of Columbia, except that funds shall be transferred to the District of Columbia Treasurer:

(1) To pay for goods, services, and property contracted for by the Authority from the District as authorized by § 34-2202.03(4) and (10) and § 34-2202.17(c);

(2) To make debt service payments required by subsection (f) of this section;

(3) To enable the Treasurer to make disbursements on the Authority’s behalf until the Authority’s own disbursement system is established, as authorized by § 34-2202.17(f); or

(4) As otherwise authorized by this subchapter.

(d) Any pledge by the Authority of any funds on deposit in the Fund shall be effective, valid, perfected, and binding from the time the pledge is made with or without the delivery of any funds, and with or without any further action. Such pledge shall be effective, valid, perfected, and binding whether or not any statement, document, or instrument relating to such pledge is recorded or filed. The pledged revenues shall be immediately subject to the lien of the pledge, whether or not there has been any physical delivery. The lien of any pledge shall be valid and binding against all parties having claims of any kind in tort, contract, or otherwise against any person receiving distribution of revenues whether or not the parties have notice of the pledge.

(e) Within 120 days of April 18, 1996, the Mayor shall cause to be performed an independent audit of the assets and liabilities of the Department of Public Works, Water and Sewer Utility Administration. The independent audit shall also determine the present day value of services provided by the District government during the preceding 20-year period to the Water and Sewer Utility Administration, or any of its predecessor administrations or agencies. The audit shall determine the amount and adequacy of any funding provided by the Water and Sewer Utility Administration for these services. The Mayor shall provide the Council with a final version of the independent audit. Based upon the results of the independent audit, and notwithstanding the provisions of §§ 1-315.01 through 1-315.07, the Mayor shall, through an intra-District government transfer, permit the Authority to use any assets the Mayor considers to be required for the Authority’s operations upon such terms and conditions as the Mayor finds appropriate, and shall transfer any liabilities that are directly attributable to the water distribution system or sewage collection, treatment, and disposal systems, other than the general obligation bonds referred to in subsection (f) of this section. The District government shall retain full legal title to, and a complete equitable interest in, all assets made available for the Authority’s use. Pending the intra-District government transfer required by this subsection, all assets and liabilities of the Water and Sewer Utility Administration, as indicated on the balance sheet prepared by the Water and Sewer Utility Administration just prior to April 18, 1996, shall be transferred for the Authority’s use on an interim basis. Assets made available to the Authority pursuant to this subsection shall remain under the control of the Authority for as long as Authority revenue bonds are outstanding, unless all of the outstanding revenue bonds are defeased pursuant to § 34-2202.13, or otherwise.

(f) The Authority shall transfer to the General Fund of the District funds necessary for the District to make debt service payments on District general obligation bonds related to the Department of Public Works, Water and Sewer Utility Administration. The payments shall be in the amount and made at such times as the Treasurer of the District of Columbia requires in writing, and the payments shall continue until the District’s general obligations bonds related to the Department of Public Works, Water and Sewer Utility Administration are fully paid.

(g)(1) Twelve months subsequent to the completion of the first full year of operation of the Authority, the chairperson of the Board shall cause a study to be undertaken to determine the feasibility of establishing the Authority as an independent regional authority and to make recommendations for the ongoing relationship of user jurisdictions to the Authority.

(2) The feasibility study shall include base-line data obtained pursuant to the requirements for annual reports as set forth in § 34-2202.05(c), (d), and (e), and the audit of the assets and liabilities of the Department of Public Works, Water and Sewer Utility Administration required by subsection (e) of this section.

(3) The study recommendations shall include the manner in which the District would be compensated by the Authority for the District’s historic investment in the capital improvements and maintenance of the Blue Plains facility, should the Authority become an independent regional authority, as well as options for retention by the District of the land upon which any Authority plant and facilities are located within the boundaries of the District.

(4) Within 180 days of its inception, the study and its recommendations shall be completed and submitted to the Mayor, the Council, and the appropriate official of each of the other participating jurisdictions.

(Apr. 18, 1996, D.C. Law 11-111, § 207, 43 DCR 548; Apr. 9, 1997, D.C. Law 11-184, § 202(g), 43 DCR 4265; June 9, 2001, D.C. Law 13-311, § 2(c), 48 DCR 3512.)

Prior Codifications

1981 Ed., § 43-1677.

Section References

This section is referenced in § 8-205, § 34-2202.09, and § 34-2202.13a.

Effect of Amendments

D.C. Law 13-311, in subsec. (b), inserted “, except those collected or received from the storm water fee,”.

Emergency Legislation

For temporary amendment of section, see § 2(g) of the District of Columbia Water and Sewer Authority Emergency Amendment Act of 1996 (D.C. Act 11-293, July 9, 1996, 43 DCR 4160).

For temporary amendment of section, see § 2(g) of the Water and Sewer Authority Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-397, October 9, 1996, 43 DCR 5686), § 2(g) of the Water and Sewer Authority Second Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-466, December 30, 1996, 44 DCR 165), and § 2(g) of the Water and Sewer Authority Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-48, March 31, 1997, 44 DCR 2105).

§ 34–2202.08. Delegation of Council authority to issue bonds.

The Council delegates to the Authority the power of the Council under section 490 of the District of Columbia Home Rule Act (§ 1-204.90) to issue revenue bonds to finance, refinance, or assist in the financing or refinancing of any undertakings of the Authority pursuant to this chapter.

(Apr. 18, 1996, D.C. Law 11-111, § 208, 43 DCR 548.)

Prior Codifications

1981 Ed., § 43-1678.

Section References

This section is referenced in § 34-2202.03.

Effective Dates

Section 701 of D.C. Law 11-111 provided that the act, with the exception of sections 208 through 211, shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), approval by the Financial Responsibility and Management Assistance Authority as provided in section 203(a) of the District of Columbia Financial Responsibility and Management Assistance Authority Act of 1995, approved April 17, 1995 (109 Stat. 116; D.C. Code § 47-392.03(c)), and a 30-day period of Congressional review as provided in section 602 (c)(1) of the District of Columbia Self-Government and Governmental Reorganization Act, approved December 24, 1973 (87 Stat. 813; D.C. Code § 1-206.02(c)(1)), and publication in the District of Columbia Register. Sections 208 through 211 of the act shall take effect upon the enactment by Congress of the legislation proposed in title IV of the act, or of substantially similar legislation.

§ 34–2202.09. Power of the Authority to issue revenue bonds and notes or other obligations.

(a) Except as provided in subsection (h) of this section, the Authority may at any time, and from time to time, issue revenue bonds (including refunding bonds, notes, or other obligations), by resolution, in one or more series to finance or refinance any cost. The resolution shall name the Chairperson of the Board or his or her designee as the authorized delegate to execute all documents related to the revenue bond financings or refinancings.

(b) Revenue bonds of the Authority are obligations payable from revenues of the Authority from whatever source derived, including certain dedicated revenues, earnings on the Fund, and any other revenue available to the Authority which may lawfully be used for these purposes.

(c) Regardless of their form or character, revenue bonds of the Authority are negotiable instruments for all purposes of the Uniform Commercial Code of the District of Columbia, approved December 30, 1963 (77 Stat. 631; § 28:1-101 et seq.), subject only to the provisions of the bonds for registration.

(d) No official, employee, or agent of the Authority shall be held personally liable solely because a revenue bond is issued.

(e) The issuance and performance of bonds by the Authority as contemplated in this chapter and the adoption of resolutions authorizing such bonds, notes, and other obligations shall be done in compliance with the requirements of this chapter, but shall not be subject to subchapter I of Chapter 5 of Title 2.

(f) The Authority shall have the power to borrow money and to issue revenue bonds regardless of whether or not the interest payable by the Authority incident to such loans or revenue bonds or the income derived by the holders of the evidence of such indebtedness or revenue bonds notes is, for the purposes of federal taxation, includable in the taxable income of the recipients of these payments or is otherwise not exempt from the imposition of taxation on the recipients.

(g) The Authority shall have the power to contract with the holders of its revenue bonds, as to the custody, collection, securing, investment, and payment of any monies of the Authority and of any monies held in trust or otherwise for the payment of revenue bonds.

(h) During each fiscal year in which debt service on the proposed bonds and outstanding revenue bonds issued by the Authority, and the transfer provided in § 34-2202.07(f) becomes due and payable, the Authority may not issue bonds, notes, or other obligations or borrow money unless the Authority first certifies, to the reasonable satisfaction of the District of Columbia Auditor, that the revenues of the Authority are sufficient to pay its costs, the principal of and interest on and other requirements pertaining to the proposed bonds and outstanding revenue bonds issued by the Authority, and amounts equal to the debt service payments on District general obligation bonds issued by the District prior to October 1, 1996, which financed Department of Public Works, Water and Sewer Utility Administration capital projects, as such bonds and transfers become due and payable. The Authority’s certification shall be supported by expert study and analysis.

(i) The Authority shall set rates, fees, levies, and other charges which will result in the collection of amounts which, together with other Authority revenues available and applicable, will be at least sufficient to pay its costs, the principal of and interest on and other requirements pertaining to its bonds, and to make transfers to the District of amounts equal to the debt service payments on District general obligation bonds issued by the District prior to October 1, 1996, which financed Department of Public Works, Water and Sewer Utility Administration capital projects, as such bonds and transfers become due and payable.

(j) All bonds issued by the Authority shall be callable not more than 11 years after the date of the issuance of the respective bond.

(Apr. 18, 1996, D.C. Law 11-111, § 209, 43 DCR 548; Apr. 9, 1997, D.C. Law 11-184, § 202(h), 43 DCR 4265; Mar. 24, 1998, D.C. Law 12-81, § 53, 45 DCR 745.)

Prior Codifications

1981 Ed., § 43-1679.

Section References

This section is referenced in § 34-2202.03.

Emergency Legislation

For temporary amendment of section, see § 2(h) of the District of Columbia Water and Sewer Authority Emergency Amendment Act of 1996 (D.C. Act 11-293, July 9, 1996, 43 DCR 4160), § 2(h) of the Water and Sewer Authority Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-397, October 9, 1996, 43 DCR 5686), § 2(h) of the Water and Sewer Authority Second Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-466, December 30, 1996, 44 DCR 165), and § 2(h) of the Water and Sewer Authority Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-48, March 31, 1997, 44 DCR 2105).

Effective Dates

§ 34–2202.10. Delegation of Council authority to issue bonds.

(a) The Authority may stipulate by resolution the terms for sale of its bonds in accordance with this chapter, including the following:

(1) The date a note or bond bears;

(2) The denomination;

(3) Any interest rate or rates, or variable rate or rates changing from time to time, or premium or discount applicable;

(4) The registration privileges;

(5) The medium and method for payment; and

(6) The terms of redemption.

(b) The Authority may sell its bonds at public or private sale and may determine the price for sale.

(c) A resolution authorizing the sale of bonds may contain any of the following provisions, in which case these provisions shall be made part of the contract with holders of the bonds:

(1) The custody, security, expenditure, or application of proceeds of the sale of bonds of the Authority (“proceeds”), a pledge of the proceeds to secure payment, and the rank or priority of the pledge, subject to preexisting agreements with holders of the bonds;

(2) A pledge of Authority revenues to secure payment and the rank or priority of the pledge, subject to preexisting agreements with holders of the bonds;

(3) A pledge of assets of the Authority, other than those assets that the Mayor allows the Authority to use through an intra-District transfer, including mortgages and obligations securing mortgages, to secure payment, and the rank or priority of the pledge, subject to preexisting agreements with holders of the bonds;

(4) The proposed use of gross income from any mortgages owned by the Authority and payment of principal of mortgages owned by the Authority;

(5) The proposed use of reserves or sinking funds;

(6) The proposed use of proceeds from the sale of revenue bonds and a pledge of proceeds to secure payment;

(7) Any limitations on the issuance of revenue bonds, including terms or issuance and security, and the refunding of outstanding or other revenue bonds;

(8) Procedures for amendment or abrogation of a contract with holders of the revenue bonds, the amount of bonds, the holders of which must consent to the amendment, and the manner in which consent may be given;

(9) Any vesting in a trustee property, power, and duties, which may include the power and duties of a trustee appointed by holders of the revenue bonds;

(10) Limitations or abrogations of the right of holder of the revenue bonds to appoint a trustee;

(11) A defining of the nature of default in the obligations of the Authority to the holders of the revenue bonds and providing the rights and remedies of holders of the bonds in the event of default, including the right to the appointment of a receiver, in accordance with the general laws of the District and this chapter; and

(12) Any other provisions of like or different character that affect the security of holders of the revenue bonds.

(d) A pledge of the Authority is binding from the time it is made. Any funds, or property pledged, are subject to the lien of a pledge without physical delivery. The lien of a pledge is binding as against parties having any tort, contract, or other claim against the Authority regardless of notice. Neither the resolution stipulating the terms for sale of Authority bonds nor any other instrument creating a pledge need be recorded.

(e) The signature of any officer of the Authority which appears on a bond shall remain valid if that person ceases to hold office.

(f) The Authority may secure bonds by a trust indenture between the Authority and a corporate trustee that has trust company powers within the District.

(g) A trust indenture of the Authority may contain provisions for protecting and enforcing the rights and remedies of holders of the revenue bonds in accordance with the provisions of the resolution authorizing the sale of bonds.

(h) Subject to preexisting agreements with the holders of the revenue bonds, the Authority may purchase its own revenue bonds which may then be cancelled. The price the Authority pays in purchasing its own revenue bonds shall not exceed the following limits:

(1) If the revenue bonds are redeemable, the price shall not exceed the redemption price then applicable plus accrued interest to the next interest payment; or

(2) If the bonds are not redeemable, the price shall not exceed the redemption price applicable on the first date after the purchase upon which the bonds or notes become subject to redemption plus accrued interest to that date.

(i) The Authority may establish special or reserve accounts in furtherance of its authority under this chapter. Notwithstanding subsections (a) and (b) of this section and other applicable District law, and subject to agreements with holders of the bonds, the Authority shall manage its own funds, and may invest funds not required for disbursement in a manner consistent with industry practices.

(j) The bonds of the Authority are legal instruments in which public officers and public bodies of the District, insurance companies, insurance company associations, and other persons carrying on an insurance business, banks, bankers, banking institutions, including savings and loan associations, building and loan associations, trust companies, savings banks, savings associations, investment companies, and other persons carrying on a banking business, administrators, guardians, executors, trustees and other fiduciaries, and other persons authorized to invest in bonds or in other obligations of the District, may legally invest funds, including capital, in their control. The bonds are also securities which legally may be deposited with, and received by, public officers and public bodies of the District or any agency of the District for any purpose for which the deposit of bonds or other obligations of the District is authorized by law.

(k) The revenue bonds shall be special obligations of the District. The bonds shall be without recourse to the District. The bonds shall not be general obligations of the District, shall not be a pledge of or involve the faith and credit or the taking power of the District, shall not constitute a debt of the District, shall not constitute lending of the public credit for private undertakings as prohibited in § 1-206.02(a)(2), and shall not constitute debt for purposes of § 1-206.03.

(l) The revenue bonds shall not give rise to any pecuniary liability to the District and the District shall have no obligation with respect to the purchase of the bonds.

(m) Nothing contained in the revenue bonds, in the financing documents, or in the closing documents shall create any obligation on the part of the District to make payments with respect to the bonds from sources other than those listed for that purpose in this chapter.

(n) The District shall not have liability for the payment of any issuance costs or for any transaction or event to be effected by the financing documents.

(Apr. 18, 1996, D.C. Law 11-111, § 210, 43 DCR 548.)

Prior Codifications

1981 Ed., § 43-1680.

Section References

This section is referenced in § 34-2202.13.

Effective Dates

§ 34–2202.11. Delegation of Council authority to issue bonds.

The District pledges to the Authority and any holders of bonds that, except as provided in this chapter, the District will not limit or alter rights vested in the Authority to fulfill agreements made with holders of the bonds, or in any way impair the rights and remedies of the holders of the bonds until the bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceedings by or on behalf of the holders of the bonds are fully met and discharged. The Authority is authorized to include this pledge of the District in any agreement with the holders of the bonds.

(Apr. 18, 1996, D.C. Law 11-111, § 211, 43 DCR 548.)

Prior Codifications

1981 Ed., § 43-1681.

Effective Dates

§ 34–2202.12. Transfer of funds. [Repealed]

Repealed.

(Apr. 18, 1996, D.C. Law 11-111, § 211, 43 DCR 548; Apr. 9, 1997, D.C. Law 11-184, § 202(i), 43 DCR 4265.)

Prior Codifications

1981 Ed., § 43-1682.

Emergency Legislation

For temporary repeal of section, see § 2(i) of the District of Columbia Water and Sewer Authority Emergency Amendment Act of 1996 (D.C. Act 11-293, July 9, 1996, 43 DCR 4160), § 2(i) of the Water and Sewer Authority Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-397, October 9, 1996, 43 DCR 5686), § 2(i) of the Water and Sewer Authority Second Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-466, December 30, 1996, 44 DCR 165), see § 2(i) of the Water and Sewer Authority Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-48, March 31, 1997, 44 DCR 2105).

§ 34–2202.13. District repayment option.

(a) The District retains the right to direct the Authority to purchase its own bonds and notes, subject to the terms and conditions of § 34-2202.10(h), for the purpose of dissolving or altering the Authority after such bonds and notes are cancelled or defeased.

(b) The District further retains the right to direct the Authority to defease bonds, and the authority shall do so, conditioned upon the District providing moneys, which together with the moneys of the Authority available for defeasance, would be sufficient to satisfy the requirements of § 34-2202.13a(a)(1).

(Apr. 18, 1996, D.C. Law 11-111, § 213, 43 DCR 548; Apr. 9, 1997, D.C. Law 11-184, § 202(j), 43 DCR 4265.)

Prior Codifications

1981 Ed., § 43-1683.

Section References

This section is referenced in § 34-2202.07.

Emergency Legislation

For temporary amendment of section, see § 2(j) of the District of Columbia Water and Sewer Authority Emergency Amendment Act of 1996 (D.C. Act 11-293, July 9, 1996, 43 DCR 4160).

For temporary amendment of section, see § 2(j) of the Water and Sewer Authority Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-397, October 9, 1996, 43 DCR 5686), § 2(j) of the Water and Sewer Authority Second Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-466, December 30, 1996, 44 DCR 165), and § 2(j) of the Water and Sewer Authority Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-48, March 31, 1997, 44 DCR 2105).

§ 34–2202.13a. Defeasance of bonds.

(a) The Authority’s bonds shall no longer be considered outstanding and unpaid and shall be deemed fully met and discharged for the purposes of § 34-2202.07(e) and the security provided by the pledges of and liens on, revenues, assets, and property, if the Authority:

(1) Deposits with an escrow agent, which shall be a bank, trust company, or national banking association with requisite trust powers, in a separate defeasance escrow account, established and maintained by the escrow agent solely at the expense of the Authority and held in trust for the bond owners, sufficient moneys or direct obligations of the United States, principal of and interest on which, when due and payable, will provide sufficient moneys, together with moneys so deposited, to pay when due the principal and interest of bonds issued by the Authority to be defeased; and

(2) Delivers to the defeasance escrow agent an irrevocable letter of instruction to apply the moneys or investments to the payment of the principal of and interest on the bonds issued by the Authority to be defeased as they become due and payable.

(b) The defeasance escrow agent shall not invest the defeasance escrow account in any investment callable at the option of its issuer if the call could result in less than sufficient moneys being available for the purposes required by this section.

(c) The defeasance escrow account specified in subsection (a) of this section may be established and maintained without regard to any limitations placed on these accounts by any act or resolution of the Authority now existing or adopted after April 9, 1997, except for this chapter.

(Apr. 18, 1996, D.C. Law 11-111, § 213a; as added Apr. 9, 1997, D.C. Law 11-184, § 202(k), 43 DCR 4265.)

Prior Codifications

1981 Ed., § 43-1683.1.

Section References

This section is referenced in § 34-2202.13.

Emergency Legislation

For temporary addition of section, see § 2(k) of the District of Columbia Water and Sewer Authority Emergency Amendment Act of 1996 (D.C. Act 11-293, July 9, 1996, 43 DCR 4160).

For temporary addition of section, see § 2(k) of the Water and Sewer Authority Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-397, October 9, 1996, 43 DCR 5686), § 2(k) of the Water and Sewer Authority Second Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-466, December 30, 1996, 44 DCR 165), and § 2(k) of the Water and Sewer Authority Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-48, March 31, 1997, 44 DCR 2105).

§ 34–2202.14. Procurement system inapplicable.

Except as provided in § 34-2202.17(b), Chapter 3A of Title 2 [§ 2-351.01 et seq.] shall not apply to the Authority.

§ 34–2202.15. Merit personnel system inapplicable.

(a) Except as provided in this section and in § 34-2202.17(b), no provision of § 1-601.01 et seq., shall apply to employees of the Authority except as follows:

(1) Subchapters V and XVII of Chapter 6 of Title 1 shall apply to all employees of the Authority; and

(2) Subchapters XII, XXI, XXII, and XXVI of Chapter 6 of Title 1 shall apply to employees transferred to the Authority who are covered under the Civil Service Retirement System and the District of Columbia Defined Contribution Pension Plan; provided, that all Authority employees continuously employed by the District government since December 31, 1979, shall be guaranteed rights and benefits at least equal to those currently applicable to such persons under provisions of law and rules and regulations in force prior to April 18, 1996.

(b) An employee of the Authority who is covered under the District of Columbia Defined Contribution Pension Plan, who meets the minimum requirements for participation in a retirement plan established by the Authority, may, upon written notice to the Authority, elect, instead, to be covered by the Authority’s plan.

§ 34–2202.16. Charges and fees and rate setting.

*NOTE: This section includes amendments by emergency legislation that will expire on January 23, 2025. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*

(a) The Authority shall collect and abate charges, fees, assessments, and levies for services, facilities, or commodities furnished or supplied by it.

(b)(1) The Authority shall, following notice, public comment period, and public hearing, establish and adjust retail water and sewer rates. The District members of the Board shall establish the retail water and sewer rates prior to the Board’s consideration of the Authority’s budget. The water and sewer rates levied by the Authority shall only be a source of revenue for the maintenance of the District’s supply of water and sewage systems, and shall constitute a fund exclusively to defray any cost of the Authority.

(2) At a public hearing held pursuant to paragraph (1) of this subsection, the public shall be given a timely opportunity to present its views, as evidence of record, with at least 45 days' notice, with notice widely and publicly distributed in a form sufficiently detailed and complete to permit the public to realize its specific and affected interest.

(2A)(A) The Authority shall accept public comments on any establishment or adjustment of retail water and sewer rates from the date of publication of the notice of the proposed rulemaking to the date that is 5 days after the public hearing held pursuant to paragraph (1) of this subsection.

(B) No more than 15 days after the end of the public comment period described in subparagraph (A) of this paragraph, but before the Board committee with jurisdiction over the ratemaking process makes recommendations to the full Board for the final rate proposal, the Authority shall:

(i) Transmit to the Board a report responding to comments received during the public comment period; and

(ii) Publish the report on the Authority website in a manner accessible to the public.

(2B)(A) The Authority shall provide a method for the public to remotely attend and participate in public hearings held pursuant to paragraph (1) of this subsection.

(B) Notice required under paragraph (1) of this subsection shall include information on how the public may remotely attend and participate in the public hearing.

(3) If the Office of People's Counsel submits written comments related to the establishment or adjustment of water and sewer rates under this subsection, the Authority shall respond in writing why it accepted or rejected, in whole or in part, any recommendations submitted by the Office of the People's Counsel.

(b-1)(1) The Authority shall offer financial assistance programs to mitigate the impact of any increases in retail water and sewer rates and the impervious area charge on low-income residents of the District, including a low-impact design incentive program.

(2) Within 6 months of March 25, 2009, the authority shall provide a report to the Council of the District of Columbia detailing the number of low-income residents affected by increases in retail water and sewer rates and the impervious area charge and strategies that will significantly increase enrollment in existing discount programs available to low-income ratepayers.

(b-2) At least 45 days before the public hearing held pursuant to subsection (b)(1) of this section, the Authority shall transmit a copy of the Independent Review of the Proposed Rates Report and the Cost of Service study to the Mayor and the Council and publish both the report and study on the Authority's website in a manner accessible to the public.

(c) In the absence of applicable standards, charges shall be levied and collected as determined by the Authority in accordance with § 1-204.87(b).

(c-1)(1)(A) The Authority shall assess an impervious area charge on any property in the District based on a billing methodology that takes into account the amount of impervious surface on a property that either prevents or retards the entry of water into the ground as occurring under natural conditions, or that causes water to run off the surface in greater quantities or at an increased rate of flow, relative to the flow present under natural conditions.

(B) For the purposes of this paragraph, the term "surface" includes rooftops, footprints of patios, driveways, private streets, other paved areas, athletic courts and swimming pools, and any path or walkway that is covered by impervious material.

(2) The impervious area charge shall be the obligation of the property owner. Failure to pay the impervious area charge shall result in a lien being placed upon the property without further notice to the owner. The Mayor may enforce the lien in the same manner as in § 34-2407.02.

(3) Any owner or occupant of a property that is assessed an impervious area charge may contest an impervious area charge bill according to the same procedures provided to owners or occupants of properties that receive water and sewer service under § 34-2305.

(d) The Authority may impose additional charges and penalties for late payment of bills.

(d-1) The Authority shall collect a stormwater user fee established by the Director of the District Department of the Environment (“Director”), which charge the Director shall establish by rule and may from time to time amend.

(d-2) The fee shall be collected from each property in the District of Columbia, and shall be based on an impervious area assessment of the property.

(d-3) The Mayor shall coordinate the development and implementation of the MS4 stormwater user fee with DC WASA’s impervious area charge, to ensure that both fee systems employ consistent methodologies.”.

(d-4) The Mayor shall offer financial assistance programs to mitigate the impact of any increases in stormwater user fees on low-income residents of the District, and shall evaluate the applicability of similar existing District low-income assistance programs to the stormwater user fee.

(d-5) A landlord shall not pass a stormwater user fee charge to a tenant which is more than the stormwater user fee charge prescribed by the Director.

(d-6) The stormwater user fee shall be the obligation of the property owner. Failure to pay the stormwater user fee shall result in a lien being placed upon the property without further notice to the owner. The Mayor may enforce the lien in the same manner as in § 34-2407.02.

(d-7) Any owner or occupant of a property that is charged a stormwater user fee may contest a stormwater user fee bill rendered for managing stormwater runoff, according to the same procedures provided to owners or occupants of properties that receive water and sewer services, under § 34-2305.

(e) The Authority is authorized to shut off the water distribution to any building, establishment, or other place upon failure of the owner or occupant thereof to pay the charges, including the impervious area charge and the storm water fee, within 90 days from the date of rendition of the bill.

(f)(1) The Authority shall treat as timely challenges to a residential customers' bill made in writing and received by the Authority within 20 calendar days after the date the bill is rendered.

(2) If a residential customer's challenge to a bill is timely, the Authority shall suspend the residential customer's obligation to pay the disputed bill until the customer has received the result of the Authority's investigation of the challenge in writing.

(3) Where a residential customer contacts the Authority regarding billing in any manner other than in writing, the Authority shall inform the customer of the requirement that a challenge to a residential customer's bill must be made in writing and received within 20 calendar days after the date the bill is rendered to be considered timely.

(4) The Authority shall include on the front of a residential customers' bill the specific date by which a challenge under paragraph (1) of this section must be received by the Authority to be considered timely.

(g) The Authority shall include the following information on residential customers' bills and the Authority's website:

(1) A local customer assistance telephone number and e-mail address for the Authority, with the hours of operation noted; and

(2) The address and customer assistance telephone numbers for the Office of the People's Counsel.

§ 34–2202.16a. Low-impact design incentive program and fee discounts.

(a) Within one year of March 25, 2009, the Authority shall establish, together with the District Department of the Environment (“DDOE”), a low-impact design incentive program within the DDOE, to reduce the surface area that either prevents or retards the entry of water into the ground as occurring under natural conditions, or that causes water to run off the surface in greater quantities or at an increased rate of flow, relative to the flow present under natural conditions.

(b) The Authority and the DDOE will continue to collect and document the effects of the low-impact design techniques throughout the District on reducing stormwater runoff and the possible implications of how proven, long-term reductions in stormwater runoff may be used to renegotiate the consent decree and reduce the cost and size of the Long-Term Control Plan.

(c) Impervious surface fee discounts approved by the Authority shall be retroactive to no earlier than the date of the implementation of the impervious surface fee. A property owner may not qualify for an impervious surface fee discount until the stormwater management measures for which the property owner seeks a discount are demonstrated to be fully functional.

§ 34–2202.16b. Financial assistance programs.

(a)(1) The Mayor shall establish a financial assistance program to assist nonprofit organizations located in the District with a payment of their impervious area charges. To be eligible for the program, a nonprofit organization shall:

(A) Show significant hardship in paying its impervious area charge; and

(B) Allow the Department of Energy and Environment ("DOEE"), or a nonprofit organization approved by DOEE, to visit the site of the nonprofit organization and make recommendations for potential stormwater runoff mitigation projects on the site; and

(i) Install and maintain a stormwater runoff mitigation project on the site of the non-profit organization; or

(ii) If a stormwater mitigation project on the site of the nonprofit organization is infeasible, implement an alternative stormwater runoff mitigation measure or activity in the District.

(D) In the case where a nonprofit organization has already installed a stormwater runoff mitigation project on-site or implemented an alternative stormwater runoff mitigation measure or activity before the financial assistance program required by this paragraph is established, the nonprofit organization may submit, and receive DOEE's approval of, evidence of the stormwater runoff mitigation project or alternative stormwater runoff mitigation measure or activity in lieu of the written proposal required by subparagraph (C) of this paragraph.

(2) The Mayor shall establish criteria for what constitutes a significant hardship for purposes of paragraph (1)(A) of this subsection that consider, at a minimum, the nonprofit organization's revenue and the amount of the nonprofit organization's impervious area charge.

(3) The amount of financial assistance that a nonprofit organization receives through the financial assistance program required by paragraph (1) of this subsection shall not exceed the amount of the nonprofit organization's impervious area charge; and

(4)(A) Upon a finding that the nonprofit organization failed to make a reasonable and good faith effort to fulfill its proposal pursuant to subsection (a)(1)(C) of this section within one year after the proposal is approved, the Mayor may require reimbursement of any portion of funds, rate reduction, or payment reduction provided before the finding.

(B) A finding of non-performance by the Mayor under subparagraph (A) of this paragraph may be appealed by an applicant pursuant to rules issued by the Mayor.

(b)(1) The Mayor shall establish a financial assistance program to assist residential customers located in the District of Columbia with the payment of their impervious area charges.

(2)(A) Notwithstanding paragraph (1) of this subsection, the Authority may establish the financial assistance program required by paragraph (1) of this subsection; provided, that the Mayor and the Authority enter into an agreement that authorizes the Authority to establish the financial assistance program required by paragraph (1) of this subsection.

(B) If the Authority establishes the financial assistance program required by paragraph (1) of this subsection, pursuant to subparagraph (A) of this paragraph, the Authority may authorize another District agency to make the eligibility determinations described in paragraph (3) of this subsection.

(3) To be eligible for the program, a residential customer shall not have an annual household income exceeding 100% of the area median income.

(4) The Mayor, or the Authority if the Authority establishes the financial assistance program pursuant to paragraph (2) of this subsection, shall establish a sliding scale based on income level to determine the amount of financial assistance a residential customer may receive through the financial assistance program required by paragraph (1) of this subsection.

(5) The financial assistance program required by paragraph (1) of this subsection shall supplement the financial assistance programs required by § 34-2202.16(b-1).

(c) In Fiscal Year 2019, of the funds allocated to DOEE for impervious area charge relief, at least $4 million of the funds shall be spent for the impervious area charge relief program required by subsection (a) of this section. Any remaining funds in Fiscal Year 2019 dedicated to impervious area charge relief may be allocated to the program required by subsection (b) of this section.

(d)(1) The Mayor shall track the number of nonprofit organizations that apply for assistance and the number of nonprofit organizations and residential customers that receive financial assistance through the financial assistance programs required by subsections (a) and (b) of this section, including how much financial assistance each eligible nonprofit organization and residential customer receives.

(2) Within 60 days after the end of each fiscal year, the Authority shall transmit to the Mayor and the Council and publicly post on the Authority's website a report that includes the following information from the preceding fiscal year:

(A) The average impervious area charge for residential customers:

(i) District-wide; and

(ii) By ward; and

(B) Efforts made by the Authority to publicize the availability of financial assistance, including a description of the total amount of expenditures by the Authority on such efforts.

(e) At the request of the Mayor, the Authority shall provide financial assistance granted pursuant to this section directly on the bills of the non-profit organizations and residential customers through a rate reduction or a payment reduction line item. The Mayor shall transfer to the Authority funding to pay the Authority for the costs associated with the rate reduction or payment reduction.

(f) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this section, including rules to establish such additional eligibility standards or requirements as the Mayor deems appropriate for implementation of the program.

§ 34–2202.17. Transition provisions.

(a) Until the initial meeting of the Board, but for not longer than 180 days from April 18, 1996, the existing management structure of the Water and Sewer Utility Administration, Department of Public Works shall serve as the operator of the Authority, thereafter, the Water and Sewer Utility Administration of the Department of Public Works shall be abolished.

(b) Until the Board establishes a personnel system and a procurement system, and until rules and regulations pertaining to the Board’s duties have been promulgated, Chapter 3A of Title 2 [§ 2-351.01 et seq.] and § 1-601.01 et seq., and implementing rules and regulations shall continue to apply to the Authority.

(c) The administration of payroll services and personnel services, including benefits administration, shall be provided to the Authority by the Office of Pay and Retirement and the District of Columbia Office of Personnel at a negotiated fee. These services may be terminated by the Authority upon written notice to each provider.

(d) All collective bargaining agreements shall remain in effect until they expire, or until they are renegotiated by the Authority, whichever comes first, unless otherwise agreed upon by the parties to the collective bargaining agreements.

(e) The Treasurer of the District of Columbia shall collect retail water and sewer payments on the Authority’s behalf until the Authority notifies the Treasurer that an independent collection system has been established and that retail water and sewer customers have been notified of any changes in payment procedures. Water and sewer payments collected by the Treasurer shall be expeditiously deposited into the Fund and shall not be commingled with the Cash Management Pool, the General Fund, or any other funds or accounts of the District of Columbia, except that payments made to District cashiers may be deposited directly into a District disbursement account until the Authority notifies the Treasurer that an independent disbursement system has been established. Dedicated revenues received by the District Treasurer shall be subject to any pledge of the Authority as if deposited into the Fund.

(f) The Treasurer of the District of Columbia is authorized to transfer funds from the Fund to a District disbursement account in order to pay the necessary and reasonable expenses of the Authority until the Authority notifies the Treasurer that an independent disbursement system has been established.

(Apr. 18, 1996, D.C. Law 11-111, § 217, 43 DCR 548; Apr. 9, 1997, D.C. Law 11-184, § 202(l), 43 DCR 4265; Sept. 26, 2012, D.C. Law 19-171, § 216(b), 59 DCR 6190.)

Prior Codifications

1981 Ed., § 43-1687.

Section References

This section is referenced in § 34-2202.07, § 34-2202.14, and § 34-2202.15.

Effect of Amendments

The 2012 amendment by D.C. Law 19-171 substituted “Chapter 3A of Title 2” for “§ 2-301.01 et seq.” in (b).

Emergency Legislation

For temporary amendment of section, see § 2(l) of the District of Columbia Water and Sewer Authority Emergency Amendment Act of 1996 (D.C. Act 11-293, July 9, 1996, 43 DCR 4160).

For temporary amendment of section, see § 2(l) of the Water and Sewer Authority Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-397, October 9, 1996, 43 DCR 5686), § 2(l) of the Water and Sewer Authority Second Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-466, December 30, 1996, 44 DCR 165), and § 2(l) of the Water and Sewer Authority Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-48, March 31, 1997, 44 DCR 2105).

§ 34–2202.18. Existing agreements.

This chapter shall not serve as an amendment, alteration, modification, or repeal of any contract or any regional agreement to which the District government is a party, including the 1985 Blue Plains Intermunicipal Agreement.

(Apr. 18, 1996, D.C. Law 11-111, § 218, 43 DCR 548; Apr. 9, 1997, D.C. Law 11-184, § 202(m), 43 DCR 4265.)

Prior Codifications

1981 Ed., § 43-1688.

Section References

This section is referenced in § 34-2202.06.

Emergency Legislation

For temporary amendment of section, see § 2(m) of the District of Columbia Water and Sewer Authority Emergency Amendment Act of 1996 (D.C. Act 11-293, July 9, 1996, 43 DCR 4160).

For temporary amendment of section, see § 2(m) of the Water and Sewer Authority Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-397, October 9, 1996, 43 DCR 5686), § 2(m) of the Water and Sewer Authority Second Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-466, December 30, 1996, 44 DCR 165), and § 2(m) of the Water and Sewer Authority Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-48, March 31, 1997, 44 DCR 2105).

§ 34–2202.19. Transfer of function and redelegation of authority.

(a) All of the functions transferred to the Department of Public Works by Reorganization Plan No. 4 of 1983, effective March 1, 1984, that have been delegated to the Water and Sewer Utility Administration are hereby transferred to the Water and Sewer Authority as follows:

(1) Pursuant to Part III(I), authority to plan, manage, and contract for design, engineering, and construction of the District’s water and sewer facilities;

(2) Pursuant to Part III(K), authority to provide complete water and sewer utility systems including the provision of an adequate and potable water supply; water distribution, measurement, and billing; the collection and treatment of sewage; and the construction and maintenance of all related facilities on a cost basis; and

(3) Pursuant to Part IV(E), the functions of the Department of Environmental Services as set forth in Commissioners Order No. 71-255, dated July 27, 1971, except for the functions of the Office of Environmental Standards and Quality Assurance, which were transferred to the Department of Consumer and Regulatory Affairs, on the effective date of Reorganization Plan No. 4 of 1983.

(b) Any other functions not specified in this section that are now delegated to or vested in the Administrator of the Water and Sewer Utility Administration are hereby transferred to the Water and Sewer Utility Authority, including the power to obtain and enforce liens for the failure to pay any charge, fee, assessment, or levy authorized or required by § 34-2202.16 in accordance with §§ 34-2407.02 and 34-2110.

§ 34–2202.20. No inurement to private persons; exemption from District taxation.

(a) All rights, property and assets of the Authority shall transfer automatically to the District government upon dissolution of the Authority.

(b) None of the property, assets or earnings of the Authority shall inure to any private person or entity.

(Apr. 18, 1996, D.C. Law 11-111, § 220; as added Apr. 9, 1997, D.C. Law 11-184, § 202(n), 43 DCR 4265.)

Prior Codifications

1981 Ed., § 43-1690.

Emergency Legislation

For temporary addition of section, see § 2(n) of the District of Columbia Water and Sewer Authority Emergency Amendment Act of 1996 (D.C. Act 11-293, July 9, 1996, 43 DCR 4160).

For temporary addition of section, see § 2(n) of the Water and Sewer Authority Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-397, October 9, 1996, 43 DCR 5686), § 2(n) of the Water and Sewer Authority Second Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-466, December 30, 1996, 44 DCR 165), and § 2(n) of the Water and Sewer Authority Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-48, March 31, 1997, 44 DCR 2105).

Subchapter III. Enterprise Fund Operation and Maintenance Account.

§ 34–2202.41. Operation and Maintenance Account.

(a)(1) Contents of account. — There is hereby established within the Water and Sewer Enterprise Fund the Operation and Maintenance Account, consisting of all funds paid to the District of Columbia on or after April 26, 1996 which are:

(A) Attributable to waste water treatment user charges;

(B) Paid by users jurisdictions for the operation and maintenance of the Blue Plains Wastewater Treatment Facility and related waste water treatment works; or

(C) Appropriated or otherwise provided for the operation and maintenance of the Blue Plains Wastewater Treatment Facility and related waste water treatment works.

(2) Use of funds in account. — Funds in the Operation and Maintenance Account shall be used solely for funding the operation and maintenance of the Blue Plains Wastewater Treatment Facility and related waste water treatment works and may not be obligated or expended for any other purpose, and may be used for related debt service and capital costs if such funds are not attributable to user charges assessed for purposes of section 204(b)(1) [33 U.S.C. § 1284(b)(1)] of the Federal Water Pollution Control Act.

(b) EPA Grant Account. —

(1) Contents of account. — There is hereby established within the Water and Sewer Enterprise Fund and EPA Grant Account, consisting of all funds paid to the District of Columbia on or after April 26, 1996, which are:

(A) Attributable to grants from the Environmental Protection Agency for construction at the Blue Plains Wastewater Treatment Facility and related waste water treatment works; or

(B) Appropriated or otherwise provided for construction at the Blue Plains Wastewater Treatment Facility and related waste water treatment works.

(2) Use of funds in account. — Funds in the EPA Grant Account shall be used solely for the purposes specified under the terms of the grants and appropriations involved, and may not be obligated or expended for any other purpose.