Title 34 — Public Utilities.

The replacement of a lead service line that is located on private property and that is funded, in whole or in part, pursuant to this chapter shall not be the responsibility of the District or WASA. Neither the District nor WASA shall be liable for any negligent acts or acts of om…

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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 ci…

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 …

(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 go…

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…

(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 offi…

(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 …

(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 shal…

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(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. (…

(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 unregulate…

(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) Env…

(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…

(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…

(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 pr…

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 c…

(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 shal…

(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, o…

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 h…

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(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 f…

(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…

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

(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 XI…

(a) The Authority shall collect and abate charges, fees, assessments, and levies for services, facilities, or commodities furnished or supplied by it. (b) The Authority shall, following notice and public hearing, establish and adjust retail water and sewer rates. The District mem…

(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 g…

(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 Se…

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.

(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) Pur…

(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. (c) The Authority, its income…

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 j…

For the purposes of this chapter, the term: (1) “Owner” means any individual, corporation, association, or partnership listed as the legal title holder of record. (2) “Rental property” means any real property consisting of 1 or more units that is leased or subleased to a person w…

(a) There is established an amnesty program for any person liable for delinquent water and sanitary sewer services. The amnesty program shall permit the person to pay the full amount of outstanding charges for water and sanitary sewer services, without the imposition of any inter…

(a) If an owner of rental property or his or her agent is billed directly by the District of Columbia Water and Sewer Authority (“Authority”) for water and sanitary sewer services provided to the rental property, and the owner or his or her agent fails to pay a delinquent account…

(a)(1) Except as otherwise provided in this subsection, upon nonpayment of a delinquent account by the owner, agent, lessor, or manager of a rental property that is billed directly by the Authority for water and sewer services, the Authority or a tenant who resides in the affecte…

Any owner or occupant of a property that receives water and sewer services may contest a water or sanitary sewer service bill rendered for water and sewer services in accordance with §§ 2-509 and 2-510, as set forth in rules issued by the Mayor pursuant to § 34-2306. The Mayor or…

(a) Within 60 days of June 13, 1990, the Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue proposed rules to implement the provisions of this act [D.C. Law 8-136] including rules regarding deposits, meters, liens, the sale and redemption of real property, the a…

The Mayor of the District of Columbia shall have the power to lay water mains and water pipes and to erect fireplugs and hydrants wherever the same may be in his judgment necessary for the public safety, comfort, or health.

The operations of the Water Department of the District of Columbia shall be under the direction of the Engineer’s Office of the District, subject to the control of the Mayor of the District of Columbia.

Full power is given to the Mayor of the District of Columbia to supply the inhabitants of the District with the Potomac water from the aqueduct mains or pipes laid in the streets and avenues by the United States; and to the Council of the District of Columbia to make all laws and…

The fiscal year of the Water Department of the District of Columbia shall conform to the regular fiscal year of the general government; the rates shall be levied and collected at least once every 12 months, or whenever practicable in the judgment of the Council of the District of…

All rates for water and water service hereby established shall be payable at least once semiannually. When the computation of the amount of any bill for any of such services results in a fraction of one-half cent or more, the next highest amount not containing a fraction shall be…

(a) Any person who desires a statement of the account of any water and sanitary sewer service charge to the date of the acquisition of any real property shall make a written request to the Department of Public Works (“Department”) on or before the date of the acquisition, except …

Water main taxes and water rents shall be uniform in said District.

The Department of Environmental Services shall perform such duties connected with the Water Department of the District as may be proper and necessary, under the direction of the Mayor of the District of Columbia. He shall give bonds for the faithful performance of his duty in the…

In all cases where a water main has heretofore been or may hereafter be laid in a public street or way, and in order to secure the laying of such main the cost or a part thereof has been paid to the District of Columbia prior to the laying of said main by any person or corporatio…

The Mayor of the District of Columbia is hereby authorized to cause all water rents erroneously paid after March 3, 1905, in the District of Columbia to be refunded in the manner prescribed by law for the refunding of erroneously paid taxes; provided, that application for refund …