(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 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.
(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.
(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).
(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 storm water fee, within 90 days from the date of rendition of the bill.
(Apr. 18, 1996, D.C. Law 11-111, § 216b; Apr. 18, 1996, D.C. Law 11-111, § 216, 43 DCR 548; June 9, 2001, D.C. Law 13-311, § 2(d), 48 DCR 3512; Aug. 16, 2008, D.C. Law 17-219, § 6009, 55 DCR 7598; Mar. 25, 2009, D.C. Law 17-370, § 3(b), 56 DCR 1350; Mar. 25, 2009, D.C. Law 17-371, § 3(c), 56 DCR 1353; Sept. 26, 2012, D.C. Law 19-171, § 90(b), 59 DCR 6190; Oct. 30, 2018, D.C. Law 22-168, § 6052(a), 65 DCR 9388; Apr. 11, 2019, D.C. Law 22-299, § 2(c), 66 DCR 2020.)
1981 Ed., § 43-1686.
Effect of Amendments
D.C. Law 13-311 inserted subsecs. (d-1) and (d-2).
D.C. Law 17-219 added subsec. (d-3).
D.C. Law 17-370 added subsec. (b-1).
D.C. Law 17-371 rewrote subsecs. (d-1), (d-2), and (d-3); and added subsecs. (d-4), (d-5), (d-6), and (d-7).
The 2012 amendment by D.C. Law 19-171 validated a previously made technical correction in (d-5).
Applicability of D.C. Law 22-299: § 4 of D.C. Law 22-299 provided that the change made to this section by § 2(c) 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.
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).