reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 24 - Water Supply, Assessments, and Rates › Subchapter V-A - Private Fire Hydrants › § 34–2410.02. Private fire hydrants

§ 34–2410.02. Private fire hydrants.
The Mayor shall not approve any permit or related plan that authorizes the installation of a private fire hydrant without an agreement, to be recorded in the land records of the Recorder of Deeds, establishing the entity or person, and successors thereof, responsible for the maintenance, repair, and replacement of the private fire hydrant in perpetuity.
(Mar. 31, 2011, D.C. Law 18-337, § 3, 58 DCR 609.)
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 24 - Water Supply, Assessments, and Rates › Subchapter V-A - Private Fire Hydrants › § 34–2410.03. Maintenance of private fire hydrants

§ 34–2410.03. Maintenance of private fire hydrants.
(a) The District of Columbia Water and Sewer Authority shall have a right of access to inspect, maintain, repair, or replace any private fire hydrant, including the connected water distribution system, in the District of Columbia.
(b) If the identified owner of a private fire hydrant fails to effect the maintenance, repair, or replacement as required in the notice provided pursuant to § 34-2410.04(c), the District of Columbia Water and Sewer Authority may effect such maintenance, repair, or replacement of the private fire hydrant and the connected water distribution system.
(c) The District of Columbia Water and Sewer Authority shall bill the owner of the private fire hydrant for the cost of the maintenance, repair, or replacement. If the owner fails to pay for the repair, the District of Columbia Water and Sewer Authority shall have the authority to obtain and enforce a lien against the owner of the private fire hydrant in accordance with procedures established by § 34-2407.02.
(d) The District of Columbia Water and Sewer Authority shall keep and maintain records of all inspections, maintenance, repair, and replacement of a private fire hydrant and shall make the records available to the owner of the private fire hydrant upon request. The records shall be kept and maintained for not less than 10 years.
(Mar. 31, 2011, D.C. Law 18-337, § 4, 58 DCR 609.)
Section References
This section is referenced in § 34-2410.04.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 24 - Water Supply, Assessments, and Rates › Subchapter V-A - Private Fire Hydrants › § 34–2410.04. Inspection of private fire hydrants

§ 34–2410.04. Inspection of private fire hydrants.
(a) The Mayor and the District of Columbia Water and Sewer Authority shall have a right of access for the inspection of any private fire hydrant in the District of Columbia to determine operational ability and compliance with applicable standards. The Mayor and the District of Columbia Water and Sewer Authority shall designate, through a memorandum of understanding, the agency or authority responsible for the inspection of private fire hydrants (“Inspection Agency”). If such a memorandum of understanding is not executed and in effect, then the Mayor shall be the Inspection Agency for purposes of this subchapter.
(b) The Inspection Agency shall regularly inspect all private fire hydrants in the District of Columbia to determine operational ability and compliance with applicable standards.
(c) Upon determination by the Inspection Agency that a private fire hydrant is in need of maintenance, repair, or replacement, and if ownership has been determined pursuant to § 34-2410.05, the Inspection Agency shall notify:
(1) The Mayor and the District of Columbia Water and Sewer Authority of the status of the private fire hydrant; and
(2) The owner of the private fire hydrant, in writing, of:
(A) The location of the private fire hydrant in need of maintenance, repair, or replacement;
(B) The owner’s responsibility with regard to the maintenance, repair and replacement of the private fire hydrant;
(C) The maintenance, repair, and replacement identified as necessary for the private fire hydrant;
(D) The owner’s responsibility to effect the maintenance, repair, and replacement identified in the notice within a specified period of time, which shall be not less than 60 days of the date on which notice is provided under this section; and
(E) The right of the District of Columbia Water and Sewer Authority to effect the maintenance, repair and replacement of the private fire hydrant and bill the owner as described in § 34-2410.03.
(d) The Inspection Agency shall keep and maintain records of all inspections made of a private fire hydrant and shall make the records available to the owner of the private fire hydrant upon request. The records shall be kept and maintained for not less than 10 years.
(Mar. 31, 2011, D.C. Law 18-337, § 5, 58 DCR 609.)
Section References
This section is referenced in § 34-2410.03.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 24 - Water Supply, Assessments, and Rates › Subchapter V-A - Private Fire Hydrants › § 34–2410.05. Private fire hydrants: determination of ownership

§ 34–2410.05. Private fire hydrants: determination of ownership.
(a)(1) The Mayor shall determine the ownership of a private fire hydrant through a title search. The location of a private fire hydrant on the property of a single-family dwelling is insufficient, by itself, for determining ownership under this subsection.
(2) The Mayor shall notify the person identified as the owner of the private fire hydrant, in writing, that the person has been identified as the owner of the private fire hydrant and, as such, is responsible for the maintenance, repair, and replacement of the private fire hydrant.
(b) If the Mayor is unable to establish ownership of a private fire hydrant under subsection (a) of this section, the District shall be responsible for the maintenance, repair, and replacement of the private fire hydrant.
(c) This section shall not apply to private fire hydrants on the property of non-residential institutions, including colleges and universities, or on the property of the federal government or a foreign government.
(Mar. 31, 2011, D.C. Law 18-337, § 6, 58 DCR 609.)
Section References
This section is referenced in § 34-2410.04.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 24 - Water Supply, Assessments, and Rates › Subchapter V-A - Private Fire Hydrants › § 34–2410.06. Limitations on responsibility for maintenance, repair, and replacement of private fire hydrants

§ 34–2410.06. Limitations on responsibility for maintenance, repair, and replacement of private fire hydrants.
(a) This subchapter establishes responsibility for the maintenance, repair, and replacement of private fire hydrants that had been permitted prior to October 8, 2009. If this responsibility belongs to the District government, pursuant to this subchapter, the cost to effect the maintenance, repair, or replacement of a the fire hydrant shall be subject to the availability of appropriations.
(b) The responsibility for conducting and notifying owners of the results of a title search, and the inspection, of the private fire hydrants as required by this subchapter, shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan.
(Mar. 31, 2011, D.C. Law 18-337, § 7, 58 DCR 609.)
Editor's Notes
The Budget Director of the Council of the District of Columbia has determined, as of February 15, 2012, that the fiscal effect of Law 18-337 has not been included in an approved budget and financial plan as required by subsection (b) of this section. That determination, however, does not affect the codification of this section.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 24 - Water Supply, Assessments, and Rates › Subchapter VI - Delivery of Water › § 34–2411.02. Investigation of distribution systems outside District of Columbia

§ 34–2411.02. Investigation of distribution systems outside District of Columbia.
The Secretary of the Army, through the Chief of Engineers, shall have the right at all times to investigate the distribution systems of any community outside the District of Columbia supplied with water from the said District of Columbia water system and if, in his opinion, there is an excessive wastage of water, he shall have the right to curtail the supply to said communities to the amount of such wastage.
(June 26, 1947, 61 Stat. 182, ch. 149, § 2.)
Prior Codifications
1981 Ed., § 43-1542.
1973 Ed., § 43-1531b.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 24 - Water Supply, Assessments, and Rates › Subchapter VI - Delivery of Water › § 34–2411.03. Acquiring of lands for pipelines authorized

§ 34–2411.03. Acquiring of lands for pipelines authorized.
The Secretary of the Army or the said Mayor of the District of Columbia is hereby authorized to acquire by purchase or condemnation all necessary lands, easements, and rights-of-way for pipelines within the District of Columbia, needed for the purposes of § 34-2411.01.
(June 26, 1947, 61 Stat. 182, ch. 149, § 3.)
Prior Codifications
1981 Ed., § 43-1543.
1973 Ed., § 43-1531c.
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.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 24 - Water Supply, Assessments, and Rates › Subchapter VII - Repealed Provisions › § 34–2413.01. Rates. [Repealed]

§ 34–2413.01. Rates. [Repealed]
Repealed.
(July 3, 1930, 46 Stat. 988, ch. 848, § 1; June 15, 1976, D.C. Law 1-70, title VI, § 601, 23 DCR 548; Mar. 5, 1981, D.C. Law 3-134, § 2, 27 DCR 4424; June 4, 1982, D.C. Law 4-112, § 3, 29 DCR 1687; June 22, 1983, D.C. Law 5-14, § 1002, 30 DCR 2632; Oct. 1, 1987, D.C. Law 7-26, § 2, 34 DCR 5074; Oct. 18, 1989, D.C. Law 8-38, § 2, 36 DCR 5752; repealed pursuant to § 301 of D.C. Law 11-111.)
Prior Codifications
1981 Ed., § 43-1522.
1973 Ed., § 43-1520.
Editor's Notes
Repeal effective 90 days after meeting of Board: Section 301 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.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 24 - Water Supply, Assessments, and Rates › Subchapter VII - Repealed Provisions › § 34–2413.02. Nonprofit housing developments — Eligibility for rate reduction. [Repealed]

§ 34–2413.02. Nonprofit housing developments — Eligibility for rate reduction. [Repealed]
Repealed.
(June 4, 1982, D.C. Law 4-112, § 5, 29 DCR 1687; repealed pursuant to § 305 of D.C. Law 11-111.)
Prior Codifications
1981 Ed., § 43-1522.1.
Editor's 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.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 24 - Water Supply, Assessments, and Rates › Subchapter VII - Repealed Provisions › § 34–2413.03. Nonprofit housing developments — Forgiveness of outstanding charges. [Repealed]

§ 34–2413.03. Nonprofit housing developments — Forgiveness of outstanding charges. [Repealed]
Repealed.
(June 4, 1982, D.C. Law 4-112, § 6, 29 DCR 1687; repealed pursuant to § 305 of D.C. Law 11-111.)
Prior Codifications
1981 Ed., § 43-1522.2.
Editor's 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.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 24 - Water Supply, Assessments, and Rates › Subchapter VII - Repealed Provisions › § 34–2413.04. Nonprofit housing developments — Rules. [Repealed]

§ 34–2413.04. Nonprofit housing developments — Rules. [Repealed]
Repealed.
(June 4, 1982, D.C. Law 4-112, § 7, 29 DCR 1687; repealed pursuant to § 305 of D.C. Law 11-111.)
Prior Codifications
1981 Ed., § 43-1522.3.
Editor's 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.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 24 - Water Supply, Assessments, and Rates › Subchapter VII - Repealed Provisions › § 34–2413.05. Nonprofit housing developments — Submission of willful false statements. [Repealed]

§ 34–2413.05. Nonprofit housing developments — Submission of willful false statements. [Repealed]
Repealed.
(June 4, 1982, D.C. Law 4-112, § 8, 29 DCR 1687; repealed pursuant to § 305 of D.C. Law 11-111.)
Prior Codifications
1981 Ed., § 43-1522.4.
Editor's 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.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 24 - Water Supply, Assessments, and Rates › Subchapter VII - Repealed Provisions › § 34–2413.06. Nonprofit housing developments — Definitions. [Repealed]

§ 34–2413.06. Nonprofit housing developments — Definitions. [Repealed]
Repealed.
(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.)
Prior Codifications
1981 Ed., § 43-1522.5.
Editor's 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.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 24 - Water Supply, Assessments, and Rates › Subchapter VII - Repealed Provisions › § 34–2413.07. Increase. [Repealed]

§ 34–2413.07. Increase. [Repealed]
Repealed.
(July 16, 1947, 61 Stat. 360, ch. 258, art. V, § 1; repealed pursuant to § 302 of D.C. Law 11-111.)
Prior Codifications
1981 Ed., § 43-1523.
1973 Ed., § 43-1520a.
Editor's Notes
Repeal effective 90 days after meeting of Board: Section 302 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.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 24 - Water Supply, Assessments, and Rates › Subchapter VII - Repealed Provisions › § 34–2413.08. Council authorized to fix water rates. [Repealed]

§ 34–2413.08. Council authorized to fix water rates. [Repealed]
Repealed.
(May 18, 1954, 68 Stat. 101, ch. 218, title I, § 101; Mar. 2, 1962, 76 Stat. 17, Pub. L. 87-408, § 501; Jan. 5, 1971, 84 Stat. 1931, Pub. L. 91-650, title I, § 105(a); Oct. 21, 1975, D.C. Law 1-23, title VII, § 706, 22 DCR 2118; July 23, 1992, D.C. Law 9-134, § 112(e), 39 DCR 4066; Sept. 10, 1992, D.C. Law 9-145, § 113(b), 39 DCR 4895; repealed pursuant to § 303 of D.C. Law 11-111.)
Prior Codifications
1981 Ed., § 43-1524.
1973 Ed., § 43-1520c.
Editor's 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.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 24 - Water Supply, Assessments, and Rates › Subchapter VII - Repealed Provisions › § 34–2413.09. Water and water service rates and charges. [Repealed]

§ 34–2413.09. Water and water service rates and charges. [Repealed]
Repealed.
(Oct. 21, 1975, D.C. Law 1-23, title VII, § 701(a), 22 DCR 2114; repealed pursuant to § 302 of D.C. Law 11-111.)
Prior Codifications
1981 Ed., § 43-1525.
1973 Ed., § 1520d.
Editor's 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.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 24 - Water Supply, Assessments, and Rates › Subchapter VII - Repealed Provisions › § 34–2413.10. Additional charge on unpaid water bills. [Repealed]

§ 34–2413.10. Additional charge on unpaid water bills. [Repealed]
Repealed.
(May 18, 1954, 68 Stat. 101, ch. 218, title I, § 102; June 13, 1990, D.C. Law 8-136, § 2(a), 37 DCR 2620; repealed pursuant to § 303 of D.C. Law 11-111.)
Prior Codifications
1981 Ed., § 43-1527.
1973 Ed., § 43-1521a.
Editor's 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.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 24 - Water Supply, Assessments, and Rates › Subchapter VII - Repealed Provisions › § 34–2413.11. Potomac water to be furnished to charitable institutions without charge. [Repealed]

§ 34–2413.11. Potomac water to be furnished to charitable institutions without charge. [Repealed]
Repealed.
(Feb. 23, 1905, 33 Stat. 742, ch. 742, § 1; April 18, 1996, D.C. Law 11-111, title III, § 306, 43 DCR 548.)
Prior Codifications
1981 Ed., § 43-1545.
1973 Ed., § 43-1533.
Editor's Notes
Repeal effective 90 days after meeting of Board: Section 306 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.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 25 - Private Conduits › § 34–2501. Conditions under which private conduits may be laid

§ 34–2501. Conditions under which private conduits may be laid.
The Mayor of the District of Columbia is hereby authorized to grant permission to lay conduits for the transmission of electric power and pipes for the transmission of steam in alleys in the District of Columbia, under the following conditions, namely:
(1) The conduits or pipes shall be laid entirely within a square or block, and shall not cross or enter any avenue, street, or highway.
(2) The conduits and pipes shall be located as directed by said Mayor and be laid under his inspection; and the cost of such inspection, together with the cost of replacing all improved pavements disturbed in connection with said work, shall be paid in advance by the party desiring to lay said conduits or steam pipes.
(3) The conduits or pipes shall be used only to connect the premises owned and operated by the permittee, and no power or steam shall be supplied therefrom for any other purpose than the use of the permittee.
(4) The permittee shall not rent the conduit or pipe or any portion thereof.
(May 26, 1900, 31 Stat. 217, ch. 587, § 1.)
Prior Codifications
1981 Ed., § 43-1301.
1973 Ed., § 43-1301.
Section References
This section is referenced in § 34-2502 and § 34-2503.
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.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 25 - Private Conduits › § 34–2502. Penalty for refusal to remove conduits

§ 34–2502. Penalty for refusal to remove conduits.
On violation of any of the provisions or restrictions of § 34-2501 the said Mayor shall require the permittee, after 30 days notice, to abandon the use of said conduits or pipes and remove them from the alley or alleys in which they are located, and if said permittee shall neglect or refuse to remove said conduits or pipes and place the surface of the alley in good condition within 60 days after the date of said notice, the said permittee shall be deemed guilty of a misdemeanor, and shall be liable to a fine of $10 for each and every day that said conduits or pipes are allowed to remain in the alley, or the said alley shall remain out of repair, which fine shall be recovered in the Superior Court of the District of Columbia, in the name of said District, as other fines and penalties are now recovered in said Court.
(May 26, 1900, 31 Stat. 218, ch. 587, § 2; July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a).)
Prior Codifications
1981 Ed., § 43-1302.
1973 Ed., § 43-1302.
Section References
This section is referenced in § 34-2503.
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.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 25 - Private Conduits › § 34–2503. Right to alter, amend, or repeal reserved

§ 34–2503. Right to alter, amend, or repeal reserved.
Congress reserves the right to alter, amend, or repeal §§ 34-2501 and 34-2502.
(May 26, 1900, 31 Stat. 218, ch. 587, § 3.)
Prior Codifications
1981 Ed., § 43-1303.
1973 Ed., § 43-1303.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 26 - Public Utility Environmental Impact Statement Requirements › § 34–2601. Purpose

§ 34–2601. Purpose.
The purpose of this chapter is to protect and enhance the public health, welfare and safety of the citizens of the District of Columbia (“District”) and provide for the fullest possible preservation and protection of the environment. If a public utility proposes an action, it shall prepare and transmit a detailed environmental impact statement to the Public Service Commission (“Commission”). If the Commission determines than an unacceptable risk of adverse health effects exists because of an action that is proposed by a public utility, a public utility doing business in the District of Columbia shall not construct a facility or undertake a project without a detailed and comprehensive analysis and understanding of the impact that the project or the construction or operation of the facility may have on the public health, safety, and environment. These goals require that a public utility prepare and file an environmental impact statement that complies fully with the requirements of this chapter, before application is made to the Department of Licensing and Consumer Protection for a permit, and subchapter V of Chapter 1 of Title 8.
(Oct. 19, 1989, D.C. Law 8-45, § 2, 36 DCR 5779; Apr. 5, 2021, D.C. Law 23-269, § 501(q)(1), 68 DCR 001490.)
Prior Codifications
1981 Ed., § 43-1901.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 26 - Public Utility Environmental Impact Statement Requirements › § 34–2602. Definitions

§ 34–2602. Definitions.
For the purposes of this chapter, the term:
(1) “Action” means any project or activity proposed by a public utility that, if implemented, would be likely to have a significant effect on the quality of the environment. The term “action” shall include a new and continuing project or activity that is directly undertaken by a public utility or its agent or subsidiary, that would require the issuance of a lease, permit, license, certificate, or other entitlement for use or permission to act by the Commission. The term “action” shall not include:
(A) A project or activity of an administrative nature that does not involve an exercise of discretion;
(B) An enforcement proceeding;
(C) An emergency action that responds to an immediate threat to public health or safety;
(D) Maintenance or repair that does not involve a substantial change in an existing structure or facility;
(E) A normal extension of electric company service;
(F) The extension or replacement of a gas distribution facility;
(G) The extension or replacement of a telephone line as defined in § 34-221; and
(H) The installation, repair, or replacement of equipment or a device identified in § 34-206, with the exception of an electric generating facility or overhead transmission line of 69,000 volts and over.
(2) “Environment” means the physical conditions that will be affected by a proposed action, including the land, air, water, minerals, flora, fauna, objects of historic, health, or aesthetic significance, existing patterns of population concentration, distribution, or growth, and existing community or neighborhood characteristics, including traffic patterns and noise levels.
(Oct. 19, 1989, D.C. Law 8-45, § 3, 36 DCR 5779; May 21, 1994, D.C. Law 10-121, § 2, 41 DCR 1653; May 9, 2000, D.C. Law 13-107, § 206, 47 DCR 1091.)
Prior Codifications
1981 Ed., § 43-1902.
Effect of Amendments
D.C. Law 13-107 substituted in par. (1)(E) the word “company” for “utility”
Temporary Legislation
For temporary (225 day) amendment of section, see § of Public Utility Environmental Impact Statement Electrical Temporary Amendment Act of 1993 (D.C. Law 10-23, September 30, 1993, law notification 42 DCR 7216).
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 26 - Public Utility Environmental Impact Statement Requirements › § 34–2604. Rules

§ 34–2604. Rules.
The Commission shall, pursuant to subchapter I of Chapter 5 of Title 2, issue proposed rules to implement the provisions of this chapter.
(Oct. 19, 1989, D.C. Law 8-45, § 5, 36 DCR 5779.)
Prior Codifications
1981 Ed., § 43-1904.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 27 - Underground Facilities Protection › § 34–2702. Formation and operation of 1-call center

§ 34–2702. Formation and operation of 1-call center.
(a) All utility operators doing business or having underground facilities in the District of Columbia shall form and operate a one-call center for the mutual receipt of notification of proposed excavation or demolition operations within the District of Columbia. The one-call center, to which notification concerning proposed excavation or demolition should be directed, shall file with the Mayor the telephone number and address of such center, and a list of the name and address of each utility operator participating in the operation of the center.
(b) All agencies or instrumentalities of the District of Columbia owning, leasing, maintaining, or otherwise possessing an interest in underground facilities shall join and participate in the one-call center. The name and address of each District agency or instrumentality participating in the operation of the one-call center shall be included in the list transmitted by the one-call center to the Mayor.
(c) The one-call center shall provide call records to the Department of Consumer and Regulatory Affairs for enforcement purposes pursuant to § 34-2707(d) .
(Mar. 4, 1981, D.C. Law 3-129, § 3, 28 DCR 264; May 23, 2000, D.C. Law 13-114, § 2(b), 47 DCR 1993; Mar. 16, 2021, D.C. Law 23-186, § 2(b), 68 DCR 001024.)
Prior Codifications
1981 Ed., § 43-1702.
Effect of Amendments
D.C. Law 13-114 designated the existing text as subsec. (a), and added subsecs. (b) and (c).
Transfer of Functions
The functions of the Department of Transportation were transferred to the Department of Public Works by Reorganization Plan No. 4 of 1983, effective March 1, 1984.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 27 - Underground Facilities Protection › § 34–2703. Availability of permit drawings

§ 34–2703. Availability of permit drawings.
The Mayor shall make available to each utility operator a copy of all approved permit drawings, including those which bear the exact nature and location of all excavation to be carried out, as they are issued to persons for excavation or demolition in public space where utility facilities exist. Applicants for permits will provide additional copies of plans as required for this purpose.
(Mar. 4, 1981, D.C. Law 3-129, § 4, 28 DCR 264; Mar. 16, 2021, D.C. Law 23-186, § 2(c), 68 DCR 001024.)
Prior Codifications
1981 Ed., § 43-1703.
Transfer of Functions
The functions of the Department of Transportation were transferred to the Department of Public Works by Reorganization Plan No. 4 of 1983, effective March 1, 1984.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 27 - Underground Facilities Protection › § 34–2703.01. Information sharing for planning and design purposes

§ 34–2703.01. Information sharing for planning and design purposes.
To increase safety, and minimize hazard, repair costs, and work to complete a project requiring excavation, DDOT, the Mayor, and all affected utility companies may enter into a Memorandum of Understanding for the use of sharing appropriate information on underground utility locations at the design stage.
(Mar. 4, 1981, D.C. Law 3-129, § 4a; as added Mar. 16, 2021, D.C. Law 23-186, § 2(d), 68 DCR 001024.)
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 27 - Underground Facilities Protection › § 34–2705. Requirements of person responsible for excavation or demolition

§ 34–2705. Requirements of person responsible for excavation or demolition.
(a) In addition to the requirements of § 34-2704, each person responsible for an excavation or demolition operation shall:
(1) Plan the excavation or demolition to avoid damage to or minimize interference with underground facilities in and near the construction area;
(2) Maintain a clearance between an underground facility and the cutting edge or point of any mechanized equipment, taking into account the known limit of control of such cutting edge or point as may be reasonably necessary to avoid damage to such underground facility; and
(3) Provide such support for underground facilities in and near the construction area, including support during backfilling operations, as may be reasonably necessary for the protection of such facilities.
(b) If a facility is damaged, under no circumstances shall a contractor backfill an excavation without first receiving permission from the utility operator whose facility was damaged.
(c) Nothing in this chapter shall excuse the failure to obtain a permit to excavate in public space in compliance with § 9-431.01.
(d) Persons and operators excavating for routine maintenance, including patch-type paving, will not be required to comply with the notification and marking procedures of this chapter, if they excavate within the limits of the original excavation, and if the excavation does not exceed 12 inches in depth below the grade existing prior to said excavation.
(e) If a person engaged in or preparing to engage in excavation or demolition observes evidence of the presence of an unmarked underground facility in the area of a planned or ongoing excavation or demolition or observes a discrepancy between the marked or unmarked underground facilities, the person may not begin or continue the excavation or demolition unless the person:
(1) Has repeated the notification to the one-call center required by § 34-2704; and
(2) Has received notification from the one-call center that the notices from the utility operators required by § 34-2704(c)(3) have been provided.
(Mar. 4, 1981, D.C. Law 3-129, § 6, 28 DCR 264; Mar. 16, 2021, D.C. Law 23-186, § 2(f)(1), 68 DCR 001024.)
Prior Codifications
1981 Ed., § 43-1705.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 27 - Underground Facilities Protection › § 34–2706. Damage caused by excavation or demolition

§ 34–2706. Damage caused by excavation or demolition.
(a) Except as provided in subsection (b) of this section, each person responsible for any excavation or demolition operation which results in damage to an underground facility shall, immediately upon discovery of such damage, notify the operator of such facility of the location and the nature of the damage, and shall allow the operator reasonable time to accomplish necessary repairs before continuing the excavation or demolition in the immediate area of the damaged facility.
(b) Each person responsible for any excavation or demolition operation that results in damage to an underground facility, permitting the escape of any flammable, toxic, or corrosive gas or liquid shall, immediately upon discovery of such damage, notify the utility operator, 911, and any other agency identified by the Mayor and take any other action which may be reasonably necessary to protect persons and property.
(Mar. 4, 1981, D.C. Law 3-129, § 7, 28 DCR 264; Mar. 16, 2021, D.C. Law 23-186, § 2(g), 68 DCR 001024.)
Prior Codifications
1981 Ed., § 43-1706.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 27 - Underground Facilities Protection › § 34–2707. Liability for damages; civil penalty

§ 34–2707. Liability for damages; civil penalty.
(a) Except as provided in subsection (b) of this section, if any underground facility is damaged through the fault of any person, that person shall be liable to the owner of the underground facility for the total cost of the repair or, if necessary, the replacement of the damaged underground facility.
(b) If any underground facility is damaged by any person carrying out excavation or demolition without having complied with the notice provisions of this chapter, that person shall be liable to the owner of the underground facility for treble the cost of the repair or replacement of the damaged underground facility.
(c) Any person who violates any provision of this chapter shall be subject to a civil penalty of $2,500 for the first violation, $5,000 for the second violation, and $10,000 for the third or subsequent violation. Action to recover the civil penalties provided for in this section shall be brought by the Attorney General for the District of Columbia in the Superior Court of the District of Columbia. All penalties recovered from such action, including reasonable attorney's fees, shall be paid into the General Fund of the District of Columbia.
(d) Civil fines and penalties may be imposed by the Mayor pursuant to Chapter 18 of Title 2 ("Civil Infractions Act") as alternative sanctions for any violations of the provisions of this chapter or rules issued pursuant to this chapter. The adjudication of any such infraction, fine, or penalty shall be pursuant to the Civil Infractions Act.
(Mar. 4, 1981, D.C. Law 3-129, § 8, 28 DCR 264; May 23, 2000, D.C. Law 13-114, § 2(d), 47 DCR 1993; Mar. 16, 2021, D.C. Law 23-186, § 2(h), 68 DCR 001024.)
Prior Codifications
1981 Ed., § 43-1707.
Effect of Amendments
D.C. Law 13-114 in subsec. (c) substituted “of $2,500 for the first violation, $3,500 for the second violation and $5,000 for the third or subsequent violation” for “not to exceed one thousand dollars ($1,000) for each such violation”.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 27 - Underground Facilities Protection › § 34–2708. Mandamus or injunction

§ 34–2708. Mandamus or injunction.
If any person proposes to engage or is engaging in excavation or demolition in the District of Columbia without complying with this chapter, or in a negligent or unsafe manner, or by using a procedure which has resulted in, or is likely to result in, damage to an underground facility, the owner of such underground facility or the Attorney General for the District of Columbia may commence an action in the Superior Court of the District of Columbia, for the purpose of having such negligent or unsafe excavation or demolition stopped and prevented, by either mandamus or injunction. The Court may join as parties any persons necessary or proper to make its judgment or process effective and, if appropriate, shall issue a final order granting such relief.
(Mar. 4, 1981, D.C. Law 3-129, § 9, 28 DCR 264; Mar. 16, 2021, D.C. Law 23-186, § 2(i), 68 DCR 001024.)
Prior Codifications
1981 Ed., § 43-1708.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 27 - Underground Facilities Protection › § 34–2709. Emergency excavation or demolition

§ 34–2709. Emergency excavation or demolition.
Compliance with the notice requirements of § 34-2704 shall not be required for an emergency excavation or demolition involving an imminent danger to life, health, or property; provided, that reasonable precautions have been taken to protect underground facilities. The appropriate utility operators shall, in any event, be notified directly and as soon as possible. The appropriate utility operator shall respond by marking the approximate horizontal location of the underground facility within 2 hours of notification of the emergency excavation or demolition, where practicable. An imminent danger to life, health, or property exists whenever there is a substantial likelihood that loss of life, health, or property will result before the procedures under § 34-2704 can be fully complied with.
(Mar. 4, 1981, D.C. Law 3-129, § 10, 28 DCR 264; Mar. 16, 2021, D.C. Law 23-186, § 2(j), 68 DCR 001024.)
Prior Codifications
1981 Ed., § 43-1709.
Section References
This section is referenced in § 34-2704.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 27 - Underground Facilities Protection › § 34–2710. Public education; advisory committee

§ 34–2710. Public education; advisory committee.
(a) The Mayor may provide education programs, collect and report data, require reporting by entities who are subject to this chapter, and take other action to develop an effective damage prevention program as described in 49 U.S.C. § 60134 and regulations issued to implement 49 U.S.C. § 60134.
(b)(1) The Mayor may establish an advisory committee to advise on the implementation of this chapter and shall nominate and appoint persons to serve on the advisory committee pursuant to § 1-523.01(f).
(2)(A) The Mayor may appoint persons to fulfill the provisions of this chapter; provided, that the membership of the advisory committee includes representation from each utility operator, the Public Service Commission, the one-call center, the excavation industry, and utility locator services.
(B) The advisory committee shall be solely advisory in nature and shall not have authority to act for or on behalf of the Mayor.
(3) A member appointed pursuant to this section shall serve a term of 2 years. A member may be reappointed but shall not serve more than 2 consecutive terms.
(Mar. 4, 1981, D.C. Law 3-129, § 10a; as added Mar. 16, 2021, D.C. Law 23-186, § 2(k), 68 DCR 001024.)
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 27 - Underground Facilities Protection › § 34–2711. Rulemaking

§ 34–2711. Rulemaking.
The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement this chapter.
(Mar. 4, 1981, D.C. Law 3-129, § 10b; as added Mar. 16, 2021, D.C. Law 23-186, § 2(k), 68 DCR 001024.)
2023 District of Columbia Code › Title 35 - Railroads and Other Carriers › Chapter 1 - Railroads › Subchapter I - Disposition of Property › § 35–101. Disposition of property — Sale of unclaimed freight and baggage

§ 35–101. Disposition of property — Sale of unclaimed freight and baggage.
Whenever any freight, baggage, or other property transported by a common carrier to, or deposited with a common carrier at, any point in the District of Columbia, shall remain unclaimed by the owner or consignee, or the charges thereon shall remain unpaid for the space of 6 months after arrival at the point to which the same shall have been directed or transported, or after deposit as aforesaid, and the owner or person to whom the same is consigned, or by whom the same shall have been deposited, shall, after notice of such arrival, or after notice to take away such property so deposited, neglect or refuse to receive the same and pay the charges thereon within such period of 6 months, then it shall be lawful for such carrier to sell such freight, baggage, or other property at public auction, after giving 3 weeks notice of the time and place of sale, once a week for 3 successive weeks, in a newspaper published in the District of Columbia.
(Mar. 3, 1901, 31 Stat. 1289, ch. 854, § 642.)
Prior Codifications
1981 Ed., § 44-101.
1973 Ed., § 44-101.
Section References
This section is referenced in § 35-102 and § 35-103.
2023 District of Columbia Code › Title 35 - Railroads and Other Carriers › Chapter 1 - Railroads › Subchapter I - Disposition of Property › § 35–102. Disposition of Property — Where impractical to give notice or delay sale; sale authorized by court order

§ 35–102. Disposition of Property — Where impractical to give notice or delay sale; sale authorized by court order.
Upon the application of such carrier, verified by affidavit, to the Superior Court of the District of Columbia, setting forth that the place of residence of the owner or consignee of any such freight, baggage, or other property is unknown, or that such freight, baggage, or other property is of such perishable nature, or so damaged, or showing any other cause that shall render it impracticable to give the notice or delay the sale for the period provided in § 35-101, then it shall be lawful for such Court to make an order authorizing the sale of such freight, baggage, or other property upon such terms as to notice as the nature of the case may admit of and to such Court shall seem meet.
(Mar. 3, 1901, 31 Stat. 1289, ch. 854, § 643; June 30, 1902, 32 Stat. 534, ch. 1329; Feb. 17, 1909, 35 Stat. 623, ch. 134; Mar. 3, 1921, 41 Stat. 1310, ch. 125, § 1; June 25, 1936, 49 Stat. 1921, ch. 804; June 25, 1948, 62 Stat. 991, ch. 646, § 32(b); May 24, 1949, 63 Stat. 107, ch. 139, § 127; July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; July 29, 1970, 84 Stat. 575, Pub. L. 91-358, title I, § 157(j).)
Prior Codifications
1981 Ed., § 44-102.
1973 Ed., § 44-102.
Section References
This section is referenced in § 35-103.
2023 District of Columbia Code › Title 35 - Railroads and Other Carriers › Chapter 1 - Railroads › Subchapter I - Disposition of Property › § 35–103. Disposition of proceeds of sale

§ 35–103. Disposition of proceeds of sale.
The residue of moneys arising from any such sale, under either § 35-101 or § 35-102, after deducting the amount of charges, including charges for transportation, the cost of handling and storage, demurrage, and the costs and expenses of proceedings to authorize the sale, and of advertising and sale, shall be paid to the owner of such freight, baggage, or other property on demand.
(Mar. 3, 1901, 31 Stat. 1289, ch. 854, § 644.)
Prior Codifications
1981 Ed., § 44-103.
1973 Ed., § 44-103.
2023 District of Columbia Code › Title 35 - Railroads and Other Carriers › Chapter 1 - Railroads › Subchapter II - 7th Street Substation › § 35–121. Abandonment of railroad substation authorized

§ 35–121. Abandonment of railroad substation authorized.
Upon the completion by it of the substitute facilities authorized by § 35-122 hereof, the Philadelphia, Baltimore and Washington Railroad Company is authorized, without any further or other authority, to abandon and remove the 7th Street substation built and maintained by it pursuant to the requirements of Act of February 3, 1909 (35 Stat. 593, ch. 63), and to abandon the ticket agency and baggage accommodations maintained by it pursuant to the requirements of said Act.
(July 25, 1935, 49 Stat. 497, ch. 415, § 1.)
Prior Codifications
1981 Ed., § 44-104.
1973 Ed., § 44-104.
Section References
This section is referenced in § 35-124.
2023 District of Columbia Code › Title 35 - Railroads and Other Carriers › Chapter 1 - Railroads › Subchapter II - 7th Street Substation › § 35–122. Waiting room on platform authorized

§ 35–122. Waiting room on platform authorized.
In lieu of the said substation and facilities maintained at the intersection of 7th Street and C Street Southwest, in the City of Washington, the Philadelphia, Baltimore and Washington Railroad Company is authorized to construct and maintain on the train platform an enclosed waiting room for passengers, with convenient means of ingress and egress leading from and to the street level below.
(July 25, 1935, 49 Stat. 498, ch. 415, § 2.)
Prior Codifications
1981 Ed., § 44-105.
1973 Ed., § 44-105.
Section References
This section is referenced in § 35-121.