District of Columbia Administrative Code

555 ADOPTION OF STORMWATER FEE 555.1 Following the completion of the hearing and the comment period specified in the notice of the proposed stormwater fee adjustment, a rate may be established or adjusted by the Director. 555.2 An approved stormwater fee shall take effect on the …

556 STORMWATER FEES 556.1 Effective May 1, 2009, the stormwater fee collected from each District of Columbia retail water and sewer customer shall be based upon the Equivalent Residential Unit (ERU). An ERU is defined as 1,000 square feet of impervious area of real property. 556.…

557 STORMWATER FEE DISCOUNT PROGRAM: PURPOSE 557.1 The purposes of Sections 557 through 563 are to: (a) Implement the District Department of the Environment’s stormwater fee discount program; (b) Reduce the volume of stormwater runoff from properties in the District of Columbia; …

558 STORMWATER FEE DISCOUNT PROGRAM: ELIGIBILITY 558.1 The stormwater fee discount program shall apply to each retail District of Columbia Water and Sewer Authority (DC Water) customer that pays the stormwater fee described in § 556 of this chapter. 558.2 The District Department …

559 STORMWATER FEE DISCOUNT PROGRAM: DISCOUNT CALCULATION 559.1 No stormwater fee discount shall exceed the maximum allowable discount, which shall be fifty-five percent (55%) of the otherwise chargeable stormwater fee. 559.2 The stormwater fee discount shall be calculated as fol…

560 STORMWATER FEE DISCOUNT PROGRAM: INSPECTION 560.1 The District Department of the Environment (Department) shall have the right to inspect a property, for which a customer has applied or is receiving a stormwater fee discount, in order for the Department to determine whether t…

561 STORMWATER FEE DISCOUNT PROGRAM: APPROVAL PERIOD; REAPPROVAL 561.1 A stormwater fee discount shall be approved for a discount period of three (3) years, running ordinarily from the date of approval. 561.2 In order to receive approval for an additional stormwater fee discount …

562 STORMWATER FEE DISCOUNT PROGRAM: DENIAL, REDUCTION, OR REVOCATION OF STORMWATER FEE DISCOUNT 562.1 The District Department of the Environment (Department) may make a decision to: Deny an application for a discount or discount period, in whole or in part; and Reduce or revoke …

563 ADMINISTRATIVE APPEALS AND JUDICIAL REVIEW 563.1 With respect to a matter governed by Sections 557 through 562 of this chapter, a person adversely affected or aggrieved by an action of the District Department of the Environment (Department) shall exhaust administrative remedi…

564 CLEAN RIVERS IMPERVIOUS SURFACE AREA CHARGE RELIEF PROGRAM FOR NONPROFIT ORGANIZATIONS 564.1 The provisions in this section and Sections 565 through 570 provide the eligibility criteria, payment guidance, and appeal procedures for the Clean Rivers Impervious Surface Area Char…

565 ELIGIBILITY CRITERIA FOR PROPERTIES OF NONPROFIT ORGANIZATIONS 565.1 To be eligible for relief under the CRIAC Nonprofit Relief Program for the CRIAC assessed on a particular property, an organization shall, with respect to that property: Have an active DC Water account and r…

566 INITIAL APPLICATION 566.1 In order to obtain CRIAC benefits, a nonprofit organization must submit an application to the Department prior to September 1 of the fiscal year in which relief is sought. 566.2 A nonprofit organization applying for benefits will submit a separate ap…

567 RENEWAL APPLICATION 567.1 Renewal applications must be received by the Department prior to September 1 of the fiscal year in which relief is sought. 567.2 Upon receipt of a renewal application, the Department may perform an inspection to verify that the BMP or stormwater miti…

568 APPROVAL; AMOUNT AND DURATION OF BENEFITS 568.1 If the Department approves a CRIAC Nonprofit Relief Program application, the benefits shall be available for the entire fiscal year (October 1 – September 30) in which the application was submitted, based on the availability of …

569 DENIAL, REDUCTION, OR REVOCATION OF BENEFITS 569.1 The Department may: Deny an application for a benefit period based on an applicant’s failure to meet the eligibility requirements of the CRIAC Nonprofit Relief Program, or deny an application in whole or in part based on lack…

570 ADMINISTRATIVE APPEALS 570.1 With respect to a matter governed by Sections 564 through 569 of this chapter, an organization adversely affected or aggrieved by an action of the Department may file a written appeal to the Director of the Department, or the Director’s designee, …

599 DEFINITIONS 599.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed: Advanced Design (AD) - Detailed design for an area of a project described explicitly in a: Stage Two (2) Planned Unit Development (PUD) application to the District Z…

5201 GENERAL PROVISIONS 5201.1 The purpose of the District of Columbia Water and Sewer Authority Personnel Regulations (the "Regulations"), issued by the Board of Directors (the "Board") of the District of Columbia Water and Sewer Authority (the "Authority"), is to establish guid…

5202 RECRUITING AND HIRING 5202.1 Authority staff shall be employed in the following employment categories: (a) At-Will - Positions that serve at the pleasure of the General Manager. At-will positions are not covered by the disciplinary, non-union appeals, and reduction in force …

5204 LEAVES, HOLIDAYS AND OTHER ABSENCES 5204.1 The rate of accrual of annual and sick leave will be determined by the Board. 5204.2 The use and carry-over of annual and sick leave will be determined by the General Manager or his designee. 5204.3 The Board of Directors of the Aut…

5205 COMPENSATION AND BENEFITS 5205.1 Benefits (a) Full-Time Regular employees may be eligible for medical, life and other benefits offered by the Authority and benefits mandated by federal and District of Columbia laws. (b) At-Will employees may be eligible for medical, life and…

5206 REASSIGNMENTS The Authority may temporarily reassign an employee to another position to meet a temporary employment need. SOURCE: Final Rulemaking published at 55 DCR 6868 (June 20, 2008).

5207 LAYOFF AND RECALL 5207.1 Definitions (a) When used in this chapter, the following terms shall have the meaning ascribed: Best qualified - an individual whose qualifications, Including, but not limited to, the assessment of relevant education, work experience, skills, perform…

5208 PERFORMANCE The Authority will maintain a performance management system. SOURCE: Final Rulemaking published at 55 DCR 6868 (June 20, 2008).

5209 DISCIPLINARY PROCESS 5209.1 Employees will comply with the Authority's regulations, policies and procedures, and performance standards and requirements. Employees may be subject to disciplinary action up to and including termination for any failure to comply with such regula…

5210 NON-UNION APPEALS 5210.1 This regulation applies only to non-union full-time employees in regular positions who have completed their probationary period. 5210.2 A non-union full-time employee in a regular position who has completed his or her probationary period has the righ…

5211 JOB SAFETY 5211.1 The Authority will develop, implement and maintain procedures which will provide for the safe performance of all work assignments. 5211.2 Employees are expected to comply with all safety rules, immediately report unsafe conditions to an Authority official, …

5212 EMPLOYEE ACCESS TO OFFICIAL PERSONNEL RECORDS 5212.1 The official personnel record of each employee of the Authority will be maintained by the Human Resources Department. 5212.2 An employee's official personnel record may be disclosed to the employee, supervisors and managem…

5213 CONFLICT OF INTEREST 5213.1 Authority employees shall not participate in transactions that may result in a conflict of interest or the apparent conflict of interest between the private interests of the employee and the public interests of the Authority. Specifically: (a) No …

5214 RESTORATION TO DUTY 5214.1 Eligible employees returning to work after military duty and eligible employees returning to work after the termination of workers' compensation disability benefits will be restored to duty as required by law. SOURCE: Final Rulemaking published at …

5215 SEVERANCE PAY NOT PURSUANT TO A REDUCTION IN FORCE 5215.1 In accordance with criteria adopted by the Board of Directors, severance pay may be authorized by the General Manager to Authority employees who are voluntarily or involuntarily separated from Authority employment whe…

5300 PURPOSE AND GOVERNANCE 5300.1 The District of Columbia Water and Sewer Authority Procurement Regulations (the “Regulations”) are issued by the Board of Directors (the “Board”) of the District of Columbia Water and Sewer Authority (the “Authority”) pursuant to the “Water and …

5301 GENERAL PROVISIONS 5301.1 The Regulations shall govern the procurement of goods and services, including construction. 5301.2 In conformity with its statutory mandate, the Authority reserves the right, at any time and in its sole discretion, to modify, rescind, delete, or oth…

5302 FULL AND OPEN COMPETITION 5302.1 Procurements shall be conducted using full and open competition, except as otherwise provided for in these Regulations. SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR…

5303 APPLICABILITY 5303.1 The Regulations apply to all procurements made by the Authority. In the case of a procurement funded with federal, state or local funds, the Regulations shall be applied to conform to the requirements of the funding source, except to the extent that doin…

5304 GENERAL STANDARDS OF ETHICAL CONDUCT 5304.1 Authority employees involved in the procurement process shall conduct business impartially and in a manner above reproach, with preferential treatment for none. Authority employees shall strictly avoid any conflict of interest or t…

5305 ETHICS SANCTIONS 5305.1 The Authority may take action against employees, officers and agents as well as others who violate any provision of §§ 5304-5308. 5305.2 Any employee, officer or agent who violates any provision of §§ 5304-5308 will be subject to discipline, up to and…

5306 CONFLICT OF INTEREST 5306.1 No Authority employee, officer, board member or agent shall participate in or attempt to influence any procurement when the employee, officer, board member or agent knows or has reason to know: The employee, officer, board member or agent, or any …

5307 RESTRICTIONS ON EMPLOYMENT OF PRESENT AND FORMER EMPLOYEES 5307.1 An Authority employee who participates in the selection of a contractor or participates in the approval process of a contract or contract modification or supervises contract implementation shall not be employe…

5308 ORGANIZATIONAL CONFLICT OF INTEREST 5308.1 An organizational conflict of interest exists when an offeror or a contractor (prime contractor or subcontractor) has: (a) An unfair competitive advantage in a procurement as the result of access to nonpublic information about the p…

5309 CANCELLATION OF INVITATION FOR BIDS OR REQUESTS FOR PROPOSAL/QUALIFICATIONS BEFORE OPENING 5309.1 A Contracting Officer shall not cancel a solicitation unless the Contracting Officer determines in writing the reason why cancellation is in the best interest of WASA and submit…

5310 CONTRACTING AUTHORITY AND RESPONSIBILITIES 5310.1 The Authority’s Board, pursuant to D.C. Code §§ 34-2202.03(5), (6) and 2202.05(7), has the authority and responsibility to contract for goods and services including construction. 5310.2 The Board may establish contracting act…

5311 GENERAL MANAGER 5311.1 The General Manager is designated as the Chief Contracting Officer for the Authority. The General Manager is authorized to enter into, administer, terminate and otherwise manage contracts subject to any approval thresholds that may be established by th…

5312 CONTRACTING OFFICERS 5312.1 Contracting Officers have only such authority as delegated to them pursuant to § 5311.2. 5312.2 Contracting Officers have discretion to determine the method of procurement, project delivery and type of contract to use for each requirement, unless …

5313 CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE 5313.1 Contracting Officers may appoint in writing a Contracting Officer’s Technical Representative (“COTR”) to provide such management oversight and technical direction for a particular procurement or contract as the Contractin…

5314 ETHICS OFFICER 5314.1 The General Manager shall designate an Ethics Officer for the Authority to provide guidance on ethical matters. SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17…