For the purposes of this subchapter:
(1) The term "sanitary sewage" means:
(A) Domestic sewage with storm and surface water limited;
(B) Sewage discharging from sanitary conveniences;
(C) Commercial or industrial wastes; and
(D) Water supply after it has been used.
(2) The term "stormwater sewage" means liquid flowing in sewers resulting directly from precipitation.
(3) The term "combined sewage" means sewage containing both sanitary sewage and stormwater sewage.
(4) The term "sewer" means a pipe or conduit carrying sewage.
(5) The term "sanitary sewer" means a sewer which carries sanitary sewage.
(6) The term "stormwater sewer" means a sewer which carries stormwater sewage.
(7) The term "combined sewer" means a sewer which carries both sanitary sewage and stormwater sewage.
(8) The term "sanitary sewage works" means a system of sanitary and combined sewers, appurtenances, pumping stations, and treatment works for conveying, treating, and disposing of sanitary sewage.
(9) The term "stormwater sewer system" means a system of sewers, appurtenances, and pumping stations for conveying and disposing of stormwater sewage.
(10) The term "combined sewer system" means a system of sewers and appurtenances conveying both sanitary sewage and stormwater sewage.
(May 18, 1954, 68 Stat. 104, ch. 218, title II, § 201.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1601.
1973 Ed., § 43-1601.
Subject to appropriations, amounts in the General Fund of the District of Columbia (including any special account therein) as established by the Revenue Funds Availability Act of 1975 shall be available for use by or under the direction and control of the Mayor of the District of Columbia for:
(1) The construction, operation, maintenance, expansion, relocation, replacement, renovation, and repair of the sanitary sewage works of the District, including all expenses;
(2) Payment of a portion of such administrative expenses as may not be wholly allocated to the sanitary sewage works or to any other sewage works of the District, but which expenses are incurred in connection with the operation of the sanitary sewage works and either or both the stormwater sewer system and the combined sewer system. The portion of such expenses to be paid from the General Fund of the District of Columbia (including any special account therein) shall be fixed from time to time by the Mayor at such a percentage of the total of such expenses for the said sewer systems as the Mayor, in his discretion, may determine;
(3) Payment of such portion of all expenses for the construction, operation, maintenance, expansion, relocation, replacement, renovation, and repair of the combined sewer system of the District as the Mayor, in his discretion, determines to be attributable to the sanitary sewer function of such combined sewer system;
(4) Payment of the District's contribution to the expenses of the Interstate Commission on the Potomac River basin;
(5) Payments by the District to agencies in the State of Maryland providing services to the District for conveying, treating, or disposing of sanitary sewage; provided, that the said fund shall not be available to pay the cost of providing sewage service to institutions of the District located in the State of Maryland;
(6) Payments to other funds of the District for such expenses or estimated expenses as are or may be incurred in the administration of this subchapter;
(7) Payment to the United States Treasury of the interest, in accordance with the provisions of this subchapter, on loans to the District for the purposes of this Act;
(8) Repayment to the United States Treasury of the principal amount of each loan made to the District in accordance with the provisions of this chapter, and of any advancements made to the District in accordance with the provisions of § 34-2103; and
(9) Refund of part or all of any sanitary sewer service charges erroneously paid; provided, that application for refund shall be made within 2 years after such erroneous payment.
(May 18, 1954, 68 Stat. 104, ch. 218, title II, § 203; Jan. 22, 1976, D.C. Law 1-42, § 3(f)(2), 22 DCR 6313.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1602.
1973 Ed., § 43-1603.
Legislative History of Laws
For legislative history of D.C. Law 1-42, see Historical and Statutory Notes following § 34-2401.03.
References in Text
"This Act," referred to in paragraph (7) of this section, is the District of Columbia Public Works Act of 1954, 68 Stat. 104, ch. 218.
The Revenue Funds Availability Act of 1975, referred to in this section, is the Act of January 22, 1976, D.C. Law 1-42.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
The Secretary of the Treasury, notwithstanding the provisions of the District of Columbia Appropriation Act, approved June 29, 1922 (42 Stat. 668), is authorized and directed to advance, on the requisition of the Mayor of the District of Columbia, made in the manner now prescribed by law, out of any money in the Treasury of the United States not otherwise appropriated, such sums as may be necessary, from time to time, to meet the expenses of the District in connection with the construction, operation, maintenance, expansion, relocation, replacement, renovation, and repair of the sanitary sewage works of the District, as authorized by Congress, and such amounts so advanced shall be reimbursed by the said Mayor to the Treasury out of money in the General Fund of the District of Columbia (including any special account therein).
(May 18, 1954, 68 Stat. 105, ch. 218, title II, § 204; Jan. 22, 1976, D.C. Law 1-42, § 3(f)(3), 22 DCR 6314.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1603.
1973 Ed., § 43-1604.
Legislative History of Laws
For legislative history of D.C. Law 1-42, see Historical and Statutory Notes following § 34-2401.03.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
(May 18, 1954, 68 Stat. 106, ch. 218, title II, § 206; Jan. 22, 1976, D.C. Law 1-42, § 3(f)(4), 22 DCR 6314; repealed pursuant to § 303 of D.C. Law 11- 111.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1604.
1973 Ed., § 43-1605.
Legislative History of Laws
Law 11-111, the "Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996," was introduced in Council and assigned Bill No. 11-102, which was referred to the Committee on Public Works and the Environment. The Bill was adopted on first and second readings on November 7, 1995, and January 4, 1996, respectively. Signed by the Mayor on January 31, 1996, it was assigned Act No. 11-201 and transmitted to both Houses of Congress for its review. D.C. Law 11-111 became effective on April 18, 1996.
Miscellaneous Notes
Repeal effective 90 days after meeting of Board: Section 303 of D.C. Law 11- 111 repealed this section. However, § 601 of D.C. Law 11-111 provided that title III of the act shall apply 90 days after the initial meeting of the Board established by section 204 of the act.
(Oct. 21, 1975, D.C. Law 1-23, title VII, § 701(b), 22 DCR 2115; June 15, 1976, D.C. Law 1-70, title VI, § 602, 23 DCR 549; Mar. 5, 1981, D.C. Law 3-134, § 3, 27 DCR 4424; June 4, 1982, D.C. Law 4-112, § 4, 29 DCR 1687; June 22, 1983, D.C. Law 5-14, § 1003, 30 DCR 2632; Oct. 1, 1987, D.C. Law 7-26, § 3, 34 DCR 5074; Oct. 18, 1989, D.C. Law 8-38, § 3, 36 DCR 5752; repealed pursuant to § 305 of D.C. Law 11-111.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1605.
1973 Ed., § 43-1605a.
Legislative History of Laws
For legislative history of D.C. Law 11-111, see Historical and Statutory Notes following § 34-2104.
Miscellaneous Notes
Repeal effective 90 days after meeting of Board: Section 305 of D.C. Law 11- 111 repealed this section. However, § 601 of D.C. Law 11-111 provided that title III of the act shall apply 90 days after the initial meeting of the Board established by section 204 of the act.
(June 4, 1982, D.C. Law 4-112, § 5, 29 DCR 1687; repealed pursuant to § 305 of D.C. Law 11-111.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1605.1.
Legislative History of Laws
For legislative history of D.C. Law 11-111, see Historical and Statutory Notes following § 34-2104.
Miscellaneous Notes
Repeal effective 90 days after meeting of Board: Section 305 of D.C. Law 11- 111 repealed this section. However, § 601 of D.C. Law 11-111 provided that title III of the act shall apply 90 days after the initial meeting of the Board established by section 204 of the act.
(June 4, 1982, D.C. Law 4-112, § 6, 29 DCR 1687; repealed pursuant to § 305 of D.C. Law 11-111.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1605.2.
Legislative History of Laws
For legislative history of D.C. Law 11-111, see Historical and Statutory Notes following § 34-2104.
Miscellaneous Notes
Repeal effective 90 days after meeting of Board: Section 305 of D.C. Law 11- 111 repealed this section. However, § 601 of D.C. Law 11-111 provided that title III of the act shall apply 90 days after the initial meeting of the Board established by section 204 of the act.
(June 4, 1982, D.C. Law 4-112, § 7, 29 DCR 1687; repealed pursuant to § 305 of D.C. Law 11-111.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1605.3.
Legislative History of Laws
For legislative history of D.C. Law 11-111, see Historical and Statutory Notes following § 34-2104.
Miscellaneous Notes
Repeal effective 90 days after meeting of Board: Section 305 of D.C. Law 11- 111 repealed this section. However, § 601 of D.C. Law 11-111 provided that title III of the act shall apply 90 days after the initial meeting of the Board established by section 204 of the act.
(June 4, 1982, D.C. Law 4-112, § 8, 29 DCR 1687; repealed pursuant to § 305 of D.C. Law 11-111.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1605.4.
Legislative History of Laws
For legislative history of D.C. Law 11-111, see Historical and Statutory Notes following § 34-2104.
Miscellaneous Notes
Repeal effective 90 days after meeting of Board: Section 305 of D.C. Law 11- 111 repealed this section. However, § 601 of D.C. Law 11-111 provided that title III of the act shall apply 90 days after the initial meeting of the Board established by section 204 of the act.
(June 4, 1982, D.C. Law 4-112, § 2, 29 DCR 1687; June 11, 1992, D.C. Law 9-120, § 3, 39 DCR 3195; Feb. 5, 1994, D.C. Law 10-68, § 35, 40 DCR 6311; repealed pursuant to § 305 of D.C. Law 11-111.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1605.5.
Legislative History of Laws
For legislative history of D.C. Law 11-111, see Historical and Statutory Notes following § 34-2104.
Miscellaneous Notes
Repeal effective 90 days after meeting of Board: Section 305 of D.C. Law 11- 111 repealed this section. However, § 601 of D.C. Law 11-111 provided that title III of the act shall apply 90 days after the initial meeting of the Board established by section 204 of the act.
(Oct. 21, 1975, D.C. Law 1-23, title VII, § 701(c), 22 DCR 2115; repealed pursuant to § 304 of D.C. Law 11-111.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1606.
1973 Ed., § 43-1605b.
Emergency Act Amendments
For temporary amendment of section, see § 4(d) of the Confirmation Emergency Amendment Act of 1999 (D.C. Act 13-25, March 15, 1999, 46 DCR 2971).
Legislative History of Laws
For legislative history of D.C. Law 11-111, see Historical and Statutory Notes following § 34-2104.
Miscellaneous Notes
Repeal effective 90 days after meeting of Board: Section 304 of D.C. Law 11- 111 repealed this section. However, § 601 of D.C. Law 11-111 provided that title III of the act shall apply 90 days after the initial meeting of the Board established by section 204 of the act.
(a) The sanitary sewer service charges established under the authority of this subchapter shall be based on the following:
(1) A billing methodology which takes into account both the water consumption of, and water service to, a property and 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. For the purposes of this paragraph, the term "surface" shall include 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) Repealed.
(3)(A) For any unimproved real property under construction that discharges groundwater into a District-owned sanitary sewer, or combined sewer, or for any real property using water, part of which is from a source or sources other than the District water supply system, the real property owner shall pay a sanitary sewer service charge separate from and in addition to any sanitary sewer service charge levied in paragraphs (1) or (2) of this subsection. For any improved real property that discharges groundwater into a District-owned sanitary or combined sewer, the real property owner shall not be subject to payment of a separate and additional charge for discharges of groundwater, but shall pay for discharges of cooling water into a District-owned sanitary of combined sewer that are derived from a source or sources other than the District water supply system.
(B)(i) For unimproved real property under construction the separate and additional sanitary sewer service charge shall apply to and be measured by the quantity of water that is derived from the groundwater and is discharged into the District sanitary or combined sewer system.
(ii) For improved real property, the separate and additional sanitary sewer service charge shall apply to and be measured by the quantity of water that is derived from the cooling water and is discharged into the District sanitary or combined sewer system.
(iii) For real property using water from a source or sources other than the District water supply system, such separate and additional charge shall be measured by the quantity of water from the source or sources other than the District water supply system discharged into the District sanitary or combined sewer system from the property.
(C) Unless the Mayor determines that it is not practicable, the owner of the real property shall install and maintain, at a location approved by the Mayor and without cost to the District, any sanitary meter or device necessary to measure the quantity of groundwater, cooling water, or water from other than the District water supply system that is discharged into the District's sanitary sewers.
(D) For purposes of this section, the determination made by the Mayor pursuant to Chapter 8 of Title 47 as to whether property is improved or unimproved shall apply.
(4) Wherever a property upon which a sanitary sewer service charge is imposed uses water from the water supply system of the District for an industrial or commercial purpose in such manner that the water so used is not discharged into the sanitary sewage works of the District, the quantity of water so used and not discharged into the sanitary sewage works of the District may be excluded in determining the sanitary sewer service charge on such property, if such exclusion is previously requested in writing by the owner or occupant thereof. Upon such request, the quantity of water so used and not discharged into the sanitary sewage works of the District shall be measured by a device or devices approved by the Mayor, installed and maintained without cost to the District, and the sanitary sewer service charge to be imposed on such property shall be the amount which would have been charged such property if the amount of water so used and not discharged into the sanitary sewage works of the District had not been included in the amount of water used by such property; provided, that all water from the water supply system of the District used by such property shall be paid for at established rates, whether or not such water is discharged into the sanitary sewage works of the District. Where in the opinion of the Mayor, it is not practicable to install a measuring device to determine continuously the quantity of water used for such industrial or commercial purposes and not discharged into the sanitary sewage works of the District, the Mayor shall determine periodically, in such manner and by such methods as the Mayor may prescribe, the quantity of water from the water supply system of the District discharged into the sanitary sewage works of the District, and the sanitary sewer service charge shall be based on such estimated quantity of water at the percentage authorized by this paragraph. Any dispute as to such estimated amount shall be decided by the Mayor and such decision shall be final; and in the event the owner or occupant fails to furnish and maintain such measuring devices or to facilitate the periodic determinations by the Mayor as prescribed herein, then the privilege of excluding some portion of the water used from the District water supply system from the charges for sanitary sewer service shall be forfeited and the charges for sanitary sewer service shall be based on the full amount of the water used from the District water supply system.
(b) Notwithstanding the provisions of subsection (a), the Council of the District of Columbia is authorized, in its discretion, from time to time to establish 1 or more sanitary sewer service charges at such amount as the Council, on the basis of a recommendation made by the Mayor, finds it necessary to meet the expense to the District of furnishing sanitary sewer services, including debt retirement.
(c) Any owner or occupant of a property that is assessed an impervious surface fee has a right to an appeal under § 34-2305.
(May 18, 1954, 68 Stat. 106, ch. 218, title II, § 207; Mar. 2, 1962, 76 Stat. 18, Pub. L. 87-408, § 502; Jan. 5, 1971, 84 Stat. 1931, Pub. L. 91-650, title I, § 105(b); June 13, 1990, D.C. Law 8-136, § 2(d), 37 DCR 2620; Oct. 1, 2002, D.C. Law 14-190, § 3902, 49 DCR 6968; Mar. 25, 2009, D.C. Law 17-370, § 2, 56 DCR 1350.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1607.
1973 Ed., § 43-1606.
Effect of Amendments
D.C. Law 14-190 rewrote subsec. (a)(3) which had read as follows:
"(a)(3) For any real property that discharges waste water into a District-owned sanitary sewer that derives from groundwater or cooling water, the real property owner shall pay a sanitary sewer service charge separate from any sanitary sewer service charge levied in paragraphs (1) and (2) of this subsection. The separate and additional sanitary sewer service charge shall apply to and be measured by the quantity of water that is derived from the groundwater or cooling water and is discharged into the District sanitary or combined sewer system. Unless the Mayor determines that it is not practicable, the owner of the real property shall install and maintain, at a location approved by the Mayor and without cost to the District, any sanitary meter or device necessary to measure the quantity of groundwater or cooling water discharged into the District's sanitary sewage works. The amount of the sanitary sewer service charge shall be set at the same rate as the rate paid by the owner of a metered building that receives water from the District water supply system."
D.C. Law 17-370, in subsec. (a), rewrote the lead-in language and par. (1) and repealed par.(2); and added subsec. (c). Prior to amendment, the lead-in language and pars. (1) and (2) of subsec. (a) read as follows:
"(a) The sanitary sewer service charges established under the authority of this subchapter shall be based on the water consumption of, and water service to, the properties served, and be determined by one of the following methods:
"(1) Where water is supplied from the District water supply system at meter rates, the Council of the District of Columbia shall establish the sanitary sewer service charge as a percentage of the water charge applicable in the District.
"(2) Where water is supplied from the District water supply system, which water is not measured by meter, but is supplied at special business and miscellaneous rates, the Council shall establish the sanitary sewer service charge at a percentage of such special business and miscellaneous rates."
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 8 of Technical Amendments Emergency Act of 2001 (D.C. Act 14-108, August 3, 2001, 48 DCR 7622).
For temporary (90 day) amendment of section, see § 3802 of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).
Legislative History of Laws
For legislative history of D.C. Law 8-136, see Historical and Statutory Notes following § 34-2301.
Law 14-190, the "Fiscal Year 2003 Budget Support Act of 2002", was introduced in Council and assigned Bill No. 14-609, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 7, 2002, and June 4, 2002, respectively. Signed by the Mayor on July 3, 2002, it was assigned Act No. 14-403 and transmitted to both Houses of Congress for its review. D.C. Law 14-190 became effective on October 1, 2002.
Law 17-370, the "Water and Sever Authority Equitable Ratemaking Amendment Act of 2008", was introduced in Council and assigned Bill No. 17-935 which was referred to the Committee on Public Works and the Environment. The Bill was adopted on first and second readings on December 2, 2008, and December 16, 2008, respectively. Signed by the Mayor on January 23, 2009, it was assigned Act No. 17-705 and transmitted to both Houses of Congress for its review. D.C. Law 17-370 became effective on March 25, 2009.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402 (326) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
Short title of title XXXIX of Law 14-190: Section 3901 of D.C. Law 14-190 provided that title XXXIV of the act may be cited as the Water and Sewer Operations Amendment Act of 2002.
(a) The owner or occupant of each building, establishment, or other place in the District connected with any District sewer conducting sanitary sewage shall pay the sewer service charge authorized by this subchapter.
(b) If the sanitary sewer service charge imposed by this subchapter is based on a water charge any part of which is for a period beginning prior to the imposition of the sanitary sewer service charge and ending thereafter, the sanitary sewer service charge shall be prorated, on a monthly basis, on so much of such water charge as shall have accrued subsequent to August 1, 1954.
(c) In computing the charge for sanitary sewer service, if such charge is for a period beginning prior to a change in the established sanitary sewer service charge and ending thereafter, the charge shall be based on the rate in effect at the time the charge is rendered.
(May 18, 1954, 68 Stat. 107, ch. 218, title II, § 208; Mar. 2, 1962, 76 Stat. 18, Pub. L. 87-408, § 503; Jan. 5, 1971, 84 Stat. 1931, Pub. L. 91-650, title I, § 105(c).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1608.
1973 Ed., § 43-1607.
(a) All meters or other measuring devices installed or required to be used under the provisions of this subchapter shall be under the control of the Mayor of the District of Columbia and the Council of the District of Columbia, who shall promulgate all regulations necessary in its judgment to effectuate the purposes of this subchapter. The owner or occupant of the property upon which any such measuring device is installed shall be responsible for its maintenance and safekeeping, and all repairs thereto shall be made at the owner's cost, whether such repairs are made necessary by ordinary wear and tear or other causes. Bills for such repairs, if made by the District, shall be due and payable when rendered, and the Mayor is authorized to provide for stopping the supply of water to any building or establishment upon the failure to pay such charge for meter repairs.
(b) The Mayor shall impose a one-time charge of 10% for any sanitary meter service charge that remains unpaid for more than 30 days and a penalty of 1% per month compounded monthly for any sanitary meter repair service that remains unpaid for more than 60 days from the date the bill is rendered.
(c) In accordance with § 34-2407.02, the Mayor shall impose and enforce a continuing lien upon land and land improvements that are furnished sanitary meter services if any charges remain unpaid for more than 60 days from the date the bill for services is rendered.
(d) The Mayor, with prior written notice to the owner of the date and time of entry, and consistent with constitutional guidelines, may enter any building, establishment, or other premises to inspect, install, replace, read, or repair any sanitary meter required to be installed pursuant to the Public Works Act, or to investigate whether water derived from groundwater or cooling water is being discharged from the real property into a sanitary or combined sewer system. If the Mayor is unable to gain entry to the real property after 2 attempts, the Mayor shall notify the owner or occupant to contact the Department within 3 business days after notice is mailed to the owner. If the owner or occupant fails to contact the Department, it shall be presumed that the owner refuses to permit entry to the property and the Mayor may impose a penalty of $100 and shut off the water supply to the real property. Upon the payment of the penalty of issuance of a final decision where the owner files a request for administrative review, the Mayor may restore the water supply.
(May 18, 1954, 68 Stat. 107, ch. 218, title II, § 209; June 13, 1990, D.C. Law 8-136, § 2(e), 37 DCR 2620.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1609.
1973 Ed., § 43-1608.
Legislative History of Laws
For legislative history of D.C. Law 8-136, see Historical and Statutory Notes following § 34-2301.
References in Text
The "Public Works Act," referred to in the first sentence of (d), is 68 Stat. 104, ch. 218.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(327) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
Miscellaneous Notes
Mayor authorized to issue rules: See Historical and Statutory Notes following § 34-2107.
(a) The Council of the District of Columbia is hereby authorized, in order to encourage the prompt payment of the sanitary sewer service charge imposed by this subchapter, to impose an additional charge of 10% for any sanitary sewer service charge remaining unpaid for more than 30 days, impose a penalty at the rate of 1% per month compounded monthly for any sanitary sewer service charge that remains unpaid for more than 60 days, and the Mayor of the District of Columbia is authorized to shut off the water of premises for which such charge is not paid within 30 days, and to have and enforce a continuing lien for such charge upon the land and any improvements thereon furnished such sanitary sewer service, in the same manner and to the same extent as if §§ 34-2407.01, 34-2407.02, 34-2407.03, and 34-2413.10 were set forth in this subchapter, and such sections shall be deemed to be applicable in every particular to the sanitary sewer service charge imposed by this subchapter; provided, that whenever said lien is enforced by the sale of property against which it has been assessed, so much of the proceeds of such sale as represents said unpaid sanitary sewer service charges shall be credited to the General Fund of the District of Columbia as established by the Revenue Funds Availability Act of 1975.
(b) The Mayor may defer or forgive, in whole or in part, any sanitary sewer service charges due the District of Columbia with respect to any qualified real property approved pursuant to § 6-1503.
(May 18, 1954, 68 Stat. 107, ch. 218, title II, § 210; Jan. 22, 1976, D.C. Law 1-42, § 3(f)(5), 22 DCR 6315; Oct. 20, 1988, D.C. Law 7-177, § 9(b), 35 DCR 6158; June 13, 1990, D.C. Law 8-136, § 2(f), 37 DCR 2620; Nov. 25, 1993, D.C. Law 10-65, § 501(b), 40 DCR 7351.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1610.
1973 Ed., § 43-1609.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(a) of D.C. Water and Sewer Operations Temporary Amendment Act of 1993(D.C. Law 10-3, May 18, 1993, law notification 42 DCR 3404).
Legislative History of Laws
For legislative history of D.C. Law 1-42, see Historical and Statutory Notes following § 34-2401.13.
For legislative history of D.C. Law 7-177, see Historical and Statutory Notes following § 34-2407.02.
For legislative history of D.C. Law 8-136, see Historical and Statutory Notes following § 34-2301.
Law 10-65, the "Omnibus Spending Reduction Act of 1993," was introduced in Council and assigned Bill No. 10-323, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on July 21, 1993, and September 21, 1993, respectively. Signed by the Mayor on October 6, 1993, it was assigned Act No. 10-120 and transmitted to both Houses of Congress for its review. D.C. Law 10-65 became effective on November 25, 1993.
References in Text
The Revenue Funds Availability Act of 1975, referred to in subsection (a) of this section, is the Act of January 22, 1976, D.C. Law 1-42.
Miscellaneous Notes
Mayor authorized to issue rules: Section 13 of D.C. Law 7-177 provided that the Mayor shall issue rules to implement the provisions of the act.
The sanitary sewer service charges applicable to such churches and institutions as may under existing law be furnished water without charge by the Mayor of the District of Columbia shall be predicated only on the quantity of water used in excess of the amount fixed by the Mayor in each case as to which no water charge is made.
(May 18, 1954, 68 Stat. 108, ch. 218, title II, § 211.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1611.
1973 Ed., § 43-1610.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
(a) The sanitary sewer service charges prescribed herein shall be applicable to all sanitary sewer services furnished by the sanitary sewage works of the District through any connection thereto for direct use by the government of the United States or any department, independent establishment, or agency thereof, and such charges shall be predicated on the value of water and water services received by such facilities of the government of the United States or any department, independent establishment, or agency thereof from the District water supply system. Payment of the said sanitary sewer service charge shall be made as provided in subsection (b) of this section.
(b)(1) Beginning in the second quarter of fiscal year 1990, the government of the District of Columbia shall receive payment for sanitary sewer services from funds appropriated or otherwise available to the Federal departments, independent establishments, or agencies. In accordance with the provisions of paragraphs (2) and (3) of this subsection, one-fourth (25 percent) of the annual estimate prepared by the District government shall be paid, not later than the second day of each fiscal quarter, to the District government by the Secretary of the Treasury from funds deposited by said departments, establishments, or agencies in a United States Treasury account entitled 'Federal Payment for Water and Sewer Services'. In the absence of sufficient funds in said account, payment shall be made by the Secretary of the Treasury from funds available to the United States Treasury and shall be reimbursed promptly to the United States Treasury by the respective user agencies. Payments shall be made to the District government by the Secretary of the Treasury without further justification, and shall be equal to one-fourth (25 percent) of the annual estimate prepared by the District government pursuant to paragraph (2) of this subsection.
(2) By April 15 of each calendar year the District shall provide the Office of Management and Budget, the Secretary of the Treasury, and the head of each of the respective Federal departments, independent establishments, and agencies, for inclusion in the President's budget of the respective Federal departments, independent establishments, or agencies, an estimate of the cost of service for the fiscal year commencing October 1st of the following calendar year. The estimate shall provide the total estimated annual cost of such service and an itemized estimate of such costs by Federal department, independent establishment, or agency. The District's estimates on a yearly basis shall reflect such adjustments as are necessary to (A) account for actual usage variances from the estimated amounts for the fiscal year ending on September 30th of the calendar year preceding April 15th, and (B) reflect changes in rates charged for water and sewer services resulting from public laws or rate covenants pursuant to water and sewer revenue bond sales.
(3) Each Federal department, independent establishment, or agency receiving sanitary sewer services in buildings, establishments, or other places shall pay from funds specifically appropriated or otherwise available to it, quarterly and on the first day of each such fiscal quarter, to an account in the United States Treasury entitled 'Federal Payment for Water and Sewer Services' an amount equal to one-fourth (25 percent) of the annual estimate for said services as provided for in paragraph (2) of this subsection.
(4) The amount or time period for late payment of charges for sanitary sewer services involving a building, establishment, or other place owned by the Government of the United States imposed by the District of Columbia shall not be different from those imposed by the District of Columbia on its most favored customer.
(5) Repealed.
(c) Nothing in this section may be construed to require the District of Columbia to seek payment for sanitary sewer services directly from any Federal entity which is under the jurisdiction of a department, independent establishment, or agency which is required to make a payment for such services under this section, or to allocate any amounts charged for such services among the entities which are under the jurisdiction of any such department, independent establishment, or agency. Each Federal department, independent establishment, and agency receiving sanitary sewer services from the District of Columbia shall be responsible for allocating billings for such services among entities under the jurisdiction of the department, establishment, or agency, and shall be responsible for collecting amounts from such entities for any payments made to the District of Columbia under this section.
(May 18, 1954, 68 Stat. 108, ch. 218, title II, § 212; Oct. 6, 1977, 91 Stat. 1093, Pub. L. 95-122, § 1(2); Nov. 21, 1989, 103 Stat. 1280, Pub. L. 101-168, § 133(c); Dec. 21, 2000, 114 Stat. 2763, Pub. L. 106-554, § 1(a)(4), H.R. 5666, Div. A., Ch. 4, § 401(b); Dec. 21, 2001, 115 Stat. 942, 943, Pub. L. 107-96, par. (52)(a)(1), (c)(1); Oct. 18, 2004, 118 Stat. 1348, Pub. L. 108-335, § 337(b).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1612.
1973 Ed., § 43-1611.
Effect of Amendments
Pub. L. 107-96, in subsec. (b), par. (2), inserted "the Secretary of the Treasury, and the head of each of the respective Federal departments, independent establishments, and agencies,"; and added subsec. (c) relating to payment for sanitary sewer services.
Pub. L. 108-335, in subsec. (b), repealed par. (5) which had read as follows:
"(5) Not later than the 15th day of the month following each quarter (beginning with the first quarter of fiscal year 2001), the inspector general of each Federal department, establishment, or agency receiving sanitary sewer services from the District of Columbia shall submit a report to the Committees on Appropriations of the House of Representatives and Senate analyzing the promptness of payment with respect to the services furnished to such department, establishment, or agency."
Effective Dates
Pub. L. 107-96, 115 Stat. 944, the District of Columbia Appropriations Act, 2002, provides in part:
"This section and the amendments made by this section shall apply with respect to fiscal year 2002 and each succeeding fiscal year."
Section 337(c) of Pub. L. 108-335 provides:
"(c) The amendments made by this section shall apply with respect to quarters occurring during fiscal year 2005 and each succeeding fiscal year."
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
Miscellaneous Notes
Apportionment of appropriations: Public Law 102-382, 106 Stat. 1429, the District of Columbia Appropriations Act, 1993, provided for the Water and Sewer Enterprise Fund, $251,630,000, of which $39,602,000 shall be apportioned and payable to the debt service fund for repayment of loans and interest incurred for capital improvement projects.
Restrictions on use of Federal payment: Section 134 of § 1(c) of Pub. L. 100- 202, the District of Columbia Appropriations Act, 1988, provided that none of the funds available to the District of Columbia government shall be used for any purpose involved in billing individual agencies or establishments for water and water services and sanitary sewer services traditionally funded under the account "Federal Payment for Water and Sewer Services" unless and until existing statutes (sections 106 and 212 of the District of Columbia Public Works Act of 1954, as amended, Public Law 364, approved May 18, 1954) are amended to specifically provide for such billing.
Apportionment of appropriations: For construction projects, $45,908,000, as authorized by § 43-1512 et seq.: Provided, That the requirements and restrictions that are applicable to general fund capital improvement projects and set forth in this Act under the Capital Outlay appropriation title shall apply to projects approved under this appropriation title: Provided further, That $22,705,000 in water and sewer enterprise fund operating revenues shall be available for pay-as-you-go capital projects.
Section 128 of Pub. L. 103-334, 108 Stat. 2576, the District of Columbia Appropriations Act, 1995, amended section 133(e) of the District of Columbia Appropriations Act, 1990, by striking "shall take effect" and all that follows and inserting "shall apply with respect to water and sanitary sewer services furnished on or after January 1, 1990." Thus, as of September 30, 1994, section 133(e) of the District of Columbia Appropriations Act, 1990, has read as follows: "The amendments made by this section shall apply with respect to water and sanitary sewer services furnished on or after January 1, 1990." Section 133(e) controls the effectiveness of this section.
Section 401(c) of Chapter 4 of Division A of H.R. 5666, as enacted by reference by section 1(a)(4) of Pub. L. 106-554, stated that "The amendments made by this section shall take effect as if included in the enactment of section 133 of the District of Columbia Appropriations Act, 1990."
Nothing herein contained shall prohibit the use of funds deposited to the credit of the General Fund of the District of Columbia as established by the Revenue Funds Availability Act of 1975 from being used for the construction, expansion, relocation, replacement, or renovation of any sewer in the combined sewer system of the District.
(May 18, 1954, 68 Stat. 109, ch. 218, title II, § 215; Jan. 22, 1976, D.C. Law 1-42, §§ 3(f)(6), 8, 22 DCR 6315, 6318.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1613.
1973 Ed., § 43-1614.
Legislative History of Laws
For legislative history of D.C. Law 1-42, see Historical and Statutory Notes following § 34-2401.03.
References in Text
The Revenue Funds Availability Act of 1975, referred to in this section, is the Act of January 22, 1976, D.C. Law 1-42.
The Council of the District of Columbia is authorized to make rules and regulations to carry out the provisions of this subchapter.
(May 18, 1954, 68 Stat. 120, ch. 218, title XVII, § 1701.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1614.
1973 Ed., § 43-1618.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(329) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
