• Current through October 23, 2012

(a) WASA shall administer, implement and enforce the provisions of this subchapter and ensure compliance with this subchapter and with federal laws and regulations governing the issuance of permits for the discharge or potential discharge of wastewater into publicly owned treatment plants, through individual or general permits, orders, or other similar means. In the case of Industrial Users, WASA shall use individual or general permits or equivalent individual or general control mechanisms. These permits, orders, or other similar means or individual or general control mechanisms shall comply with all applicable federal laws and regulations. WASA is authorized to set and collect fees and charges as may be necessary or appropriate to recoup costs associated with its responsibilities pursuant to this subchapter and pursuant to federal laws and regulations governing the issuance of permits for the discharge or potential discharge of wastewater into publicly owned treatment plants.

(b) WASA shall issue rules to implement the provisions of this subchapter under subchapter I of Chapter 5 of Title 2 and the rules may include, but not be limited to:

(1) Regulations requiring users to submit information considered necessary by WASA to evaluate the user's actual or potential discharge status, including, but not limited to, description of facilities and plant processes, wastewater constituents and characteristics, discharge variations, and mechanical and plumbing plans and details;

(2) Regulations imposing conditions on users, including, but not limited to, limits on new or increased contributions of pollutants, best management practices ("BMPs") in lieu of or in addition to numerical limits, changes in the nature of pollutants discharged, flow regulation or equalization, installation of sampling facilities and specifications for monitoring programs, installation and maintenance of pretreatment facilities and BMPs, and development and implementation of slug control plans;

(3) Regulations requiring the development of compliance schedules for the installation of technology required to comply with this subchapter;

(4) Regulations imposing fees to treat hauled wastes and high strength wastes as may be defined by WASA;

(5) Regulations to effectively and safely dispose of wastes collected in portable collection systems, including, but not limited to, septic tank sludge, restaurant grease, and marine holding tank or portable toilet effluent;

(6) Regulations providing for the issuance and renewal of certificates of water and sewer availability;

(7) Regulations preventing tampering, other misuse, potential, or actual harm to the wastewater system;

(8) Regulations imposing fees and charges for the issuance of wastewater pretreatment permits and the administration of the pretreatment program that reasonably and fairly meet the costs of the administration of the pretreatment program; and

(9) Regulations for the publication of Industrial Users in significant noncompliance.

(Mar. 12, 1986, D.C. Law 6-95, § 8, 33 DCR 577; Dec. 10, 1987, D.C. Law 7-54, § 2, 34 DCR 6895; Aug. 10, 1988, D.C. Law 7-138, § 2(a)-(d), 35 DCR 4779; May 8, 1998, D.C. Law 12-106, § 2(c), 45 DCR 1724; Oct. 26, 2010, D.C. Law 18-256, § 2(e), 57 DCR 8082.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 6-957.

Effect of Amendments

D.C. Law 18-256 rewrote subsecs. (a), (b)(2), and (4); in the lead-in language of subsec. (b), substituted "may include" for "shall include"; in subsec. (b)(7), deleted "and" from the end; in subsec. (b)(8), substituted "; and" for a period; and added subsec. (b)(9). Prior to amendment, subsecs. (a), (b)(2), and (4) read as follows:

"(a) WASA shall administer, implement and enforce the provisions of this subchapter and ensure compliance with this subchapter and with federal laws and regulations governing the issuance of permits for the discharge of wastewater into publicly owned treatment plants, through permits, contracts, orders, or other similar means. In the case of industrial users, WASA shall use permits or equivalent individual control mechanisms issued to each user. These permits, contracts, orders, or other similar means or individual control mechanisms shall comply with all applicable federal laws and regulations. WASA is authorized to set and collect fees and charges as may be necessary or appropriate to recoup costs associated with its responsibilities pursuant to this subchapter and pursuant to federal laws and regulations governing the issuance of permits for the discharge of wastewater into publicly owned treatment plants."

"(2) Regulations imposing conditions on users, including, but not limited to, limits on new or increased contributions of pollutants, changes in the nature of pollutants discharged, flow regulation or equalization, installation of sampling facilities and specifications for monitoring programs, and installation of pretreatment facilities;"

"(4) Regulations imposing fees to treat high strength wastes as may be defined by WASA;"

Legislative History of Laws

For legislative history of D.C. Law 6-76, see Historical and Statutory Notes following § 8-105.01.

For legislative history of D.C. Law 6-95, see Historical and Statutory Notes following § 8-105.01.

Law 7-54, the "Wastewater System Regulation Amendment Temporary Act of 1987," was introduced in Council and assigned Bill No. 7-281. The Bill was adopted on first and second readings on July 14, 1987, and September 29, 1987, respectively. Signed by the Mayor on October 16, 1987, it was assigned Act No. 7-87 and transmitted to both Houses of Congress for its review.

Law 7-138, the "Wastewater System Regulation Amendment Act of 1988," was introduced in Council and assigned Bill No. 7-278, which was referred to the Committee on Public Works. The Bill was adopted on first and second readings on May 17, 1988 and May 31, 1988, respectively. Signed by the Mayor on June 9, 1988, it was assigned Act No. 7-188 and transmitted to both Houses of Congress for its review.

For legislative history of D.C. Law 12-106, see Historical and Statutory Notes following § 8-105.02.

For history of Law 18-256, see notes under § 8-105.02.

Delegation of Authority

Delegation of authority pursuant to Law 6-95, see Mayor's Order 86-88, May 30, 1986.