reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 22 - Water and Sewer Authority › Subchapter II - General Provisions › § 34–2202.02. Establishment of the District of Columbia Water and Sewer Authority; general purpose of the Authority

§ 34–2202.02. Establishment of the District of Columbia Water and Sewer Authority; general purpose of the Authority.
(a) There is established, as an independent authority of the District government, the District of Columbia Water and Sewer Authority. The Authority shall be a corporate body, created to effectuate certain public purposes, that has a separate legal existence within the District government.
(b) Except as provided in §§ 34-2202.14 and 34-2202.15, the Authority shall be subject to all laws applicable to offices, agencies, departments, and instrumentalities of the District government, and shall be subject to the provisions of Chapter 2 of Title 1, including provisions granting oversight responsibilities to the Chief Financial Officer as defined in § 1-204.25(b).
(c) Notwithstanding any other provisions of this chapter, the general purpose of the Authority is to plan, design, construct, operate, maintain, regulate, finance, repair, modernize, and improve water distribution and sewage collection, treatment, and disposal systems and services, and to encourage conservation.
(Apr. 18, 1996, D.C. Law 11-111, § 202, 43 DCR 548; Sept. 18, 2007, D.C. Law 17-20, § 6062(a), 54 DCR 7052.)
Prior Codifications
1981 Ed., § 43-1672.
Section References
This section is referenced in § 1-204.53, § 1-204.90, § 2-223.01, § 8-105.71, § 34-2202.01, and § 42-3251.
Effect of Amendments
D.C. Law 17-20, in subsec. (b), inserted “,including provisions granting oversight responsibilities to the Chief Financial Officer as defined in § 1-204.25(b)”.
Emergency Legislation
For temporary (90 day) amendment of section, see § 6062(a) of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).
Short Title
Short title: Section 6061 of D.C. Law 17-20 provided that subtitle G of title VI of the act may be cited as the “Water and Sewer Authority Clarification of Authorities and Report Requirement Amendment Act of 2007”.
Editor's Notes
The phrase “including provisions granting oversight responsibilities to the Chief Financial Officer as defined in § 1-204.25(b)” in subsection (b) of this section, has been superseded by § 1-204.25(e).
Mayor's Orders
Establishment of the Executive Transition Team for the District of Columbia Water and Sewer Authority: See Mayor’s Order 96-43, March 27, 1996 ( 43 DCR 1807).
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 22 - Water and Sewer Authority › Subchapter II - General Provisions › § 34–2202.06. General Manager; employment and duties

§ 34–2202.06. General Manager; employment and duties.
(a) The Board, by the affirmative vote of 8 of its members, shall employ a General Manager who shall be the chief administrative officer of the Authority. The General Manager shall not be a member of the Board and shall serve at the pleasure of the Board. The General Manager shall perform duties as determined by the Board.
(b) The General Manager, in his or her sole discretion, may restrict combined sewer flow into the District from Maryland and Virginia, so long as the action does not violate § 34-2202.18.
(Apr. 18, 1996, D.C. Law 11-111, § 206, 43 DCR 548; Apr. 9, 1997, D.C. Law 11-184, § 202(f), 43 DCR 4265; Feb. 6, 2008, D.C. Law 17-108, § 213(a), 54 DCR 10993; July 15, 2008, 122 Stat. 2491, Pub. L. 110-273, § 4(a); Mar. 25, 2009, D.C. Law 17-370, § 3(a), 56 DCR 1350.)
Prior Codifications
1981 Ed., § 43-1676.
Effect of Amendments
D.C. Law 17-108 inserted “The General Manager shall be a resident of the District and shall remain a District resident for the duration of his or her employment by the Authority. Failure to maintain District residency shall result in a forfeiture of the position.”
Pub. L. 110-273 deleted the two sentences added by D.C. Law 17-108.
D.C. Law 17-370 designated subsec. (a); and added subsec. (b).
Emergency Legislation
For temporary amendment of section, see § 2(f) of the District of Columbia Water and Sewer Authority Emergency Amendment Act of 1996 (D.C. Act 11-293, July 9, 1996, 43 DCR 4160).
For temporary amendment of section, see § 2(f) of the Water and Sewer Authority Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-397, October 9, 1996, 43 DCR 5686), § 2(f) of the Water and Sewer Authority Second Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-466, December 30, 1996, 44 DCR 165), and § 2(f) of the Water and Sewer Authority Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-48, March 31, 1997, 44 DCR 2105).
Effective Dates
Section 4(b) of Pub. L. 110-273 provided that subsection (a) shall take effect as if included in the enactment of D.C. Law 17-172.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 22 - Water and Sewer Authority › Subchapter II - General Provisions › § 34–2202.06a. Storm Water Administration. [Repealed]

§ 34–2202.06a. Storm Water Administration. [Repealed]
Repealed.
(Apr. 18, 1996, D.C. Law 11-111, § 206a; as added June 9, 2001, D.C. Law 13-311, § 2(b), 48 DCR 3512; Mar. 25, 2009, D.C. Law 17-371, § 3(b), 56 DCR 1353.)
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 22 - Water and Sewer Authority › Subchapter II - General Provisions › § 34–2202.06b. Storm Water Permit Compliance Enterprise Fund. [Repealed]

§ 34–2202.06b. Storm Water Permit Compliance Enterprise Fund. [Repealed]
Repealed.
(Apr. 18, 1996, D.C. Law 11-111, § 206b; as added June 9, 2001, D.C. Law 13-311, § 2(b), 48 DCR 3512; Mar. 25, 2009, D.C. Law 17-371, § 3(b), 56 DCR 1353.)
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 22 - Water and Sewer Authority › Subchapter II - General Provisions › § 34–2202.06c. Storm Water Advisory Panel. [Repealed]

§ 34–2202.06c. Storm Water Advisory Panel. [Repealed]
Repealed.
(Apr. 18, 1996, D.C. Law 11-111, § 206c; as added June 9, 2001, D.C. Law 13-311, § 2(b), 48 DCR 3512; May 21, 2002, D.C. Law 14-137, § 11, 49 DRC 3444; Apr. 13, 2005, D.C. Law 15-354, § 52, 52 DCR 2638; Mar. 2, 2007, D.C. Law 16-191, § 48(d), 53 DCR 6794; Mar. 25, 2009, D.C. Law 17-371, § 3(b), 56 DCR 1353.)
Effect of Amendments
D.C. Law 14-137, in subsec. (b), substituted “7” for “5”; in subsecs. (b)(4) and (b)(5), made nonsubstantive changes; and added subsecs. (b)(6) and (b)(7).
D.C. Law 15-354, in subsec. (b), inserted “District” preceding “Department of Transportation”.
D.C. Law 16-191 validated a previously made technical change in the directory language of D.C. Law 15-534.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 22 - Water and Sewer Authority › Subchapter II - General Provisions › § 34–2202.06d. Water quality testing

§ 34–2202.06d. Water quality testing.
(a) Beginning in January 2014, the Authority shall conduct testing of the District’s drinking water for, at a minimum, regulated contaminants included in the Revisions to the Unregulated Contaminant Monitoring Regulation for Public Water Systems set forth in 40 C.F.R. § 141.40.
(b) After receiving results of each test as required by the United States Environmental Protection Agency, the Authority, within 120 days or when it submits the related report to the Environmental Protection Agency, whichever comes first, shall:
(1) Report to the Mayor the results of each test; and
(2) Make the results available to the public via the Authority’s website.
(Apr. 18, 1996, D.C. Law 11-111, § 206d; as added Mar. 19, 2013, D.C. Law 19-240, § 2(b), 59 DCR 14790.)
Section References
This section is referenced in § 34-2202.06e.
Effect of Amendments
The 2013 amendment by D.C. Law 19-240 added this section.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 22 - Water and Sewer Authority › Subchapter II - General Provisions › § 34–2202.06f. Composition and organization of the Water Quality Assurance Advisory Panel

§ 34–2202.06f. Composition and organization of the Water Quality Assurance Advisory Panel.
(a) The Panel established under § 34-2202.06e shall be composed of 9 experts who, at a minimum, demonstrate knowledge in at least one of the following professional fields:
(1) Water quality;
(2) Water treatment;
(3) Toxicology;
(4) Public health;
(5) Civil engineering; or
(6) Environmental engineering.
(b) Of the 9 Panel members, one shall be the General Manager or the General Manager’s designee, and one shall be a representative from the Washington Aqueduct.
(c) Panel members shall be appointed by the Mayor in consultation with the General Manager and the Council.
(Apr. 18, 1996, D.C. Law 11-111, § 206f; as added Mar. 19, 2013, D.C. Law 19-240, § 2(b), 59 DCR 14790.)
Effect of Amendments
The 2013 amendment by D.C. Law 19-240 added this section.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 22 - Water and Sewer Authority › Subchapter II - General Provisions › § 34–2202.06g. Wastewater study and testing

§ 34–2202.06g. Wastewater study and testing.
(a) By July 1, 2013, the Authority shall initiate a study that tests for the presence of endocrine disruptor compounds in wastewater effluent.
(b) The Authority shall present the findings of the study to the Panel, the General Manager, the Mayor, and the Council within 30 days of the completion of the study.
(c) The Authority shall be required to implement the provisions of this section upon a transfer by the Chief Financial Officer of the District from the unrestricted fund balance of the General Fund of the District of Columbia to the Authority of the funding necessary to implement the provisions of this section.
(d) Repealed.
(Apr. 18, 1996, D.C. Law 11-111, § 206g; as added Mar. 19, 2013, D.C. Law 19-240, § 2(b), 59 DCR 14790; Oct. 22, 2015, D.C. Law 21-36, § 7012(a), 62 DCR 10905.)
Section References
This section is referenced in § 34-2202.06e.
Effect of Amendments
The 2013 amendment by D.C. Law 19-240 added this section.
The 2015 amendment by D.C. Law 21-36 repealed (d).
Emergency Legislation
For temporary (90 days) amendment of this section, see § 7010c(a) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).
For temporary (90 days) addition of D.C. Law 20-155, § 7010c, and amendment of this section, see § 2(k) of the Fiscal Year 2015 Budget Support Clarification Emergency Act of 2014 (D.C. Act 20-461, November 6, 2014, 61 DCR 11784, 20 STAT 4368).
For temporary (90 days) amendment of this section, see § 7010c(a) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).
For temporary (90 days) addition of D.C. Law 20-155, § 7010c, and amendment of this section, see § 2(k) of the Fiscal Year 2015 Budget Support Clarification Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-587, January 13, 2015, 62 DCR 1294, 21 STAT 758).
For temporary (90 days) amendment of this section, see § 7016(k)(1) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).
Temporary Legislation
For temporary (225 days) addition of D.C. Law 20-155, § 7010c, see § 2(j) of the Fiscal Year 2015 Budget Support Clarification Temporary Amendment Act of 2014 (D.C. Law 20-179, March 7, 2015, 62 DCR 424).
Legislative History
Legislative history of Law 21-36
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 22 - Water and Sewer Authority › Subchapter II - General Provisions › § 34–2202.06h. Continued testing and remediation

§ 34–2202.06h. Continued testing and remediation.
(a) Upon receipt of the report from the Panel set forth in § 34-2202.06e, the General Manager shall create and implement a plan that considers potential remediation options and continued testing for unregulated contaminants and endocrine disruptor compounds in a manner consistent with the recommendations of the Panel’s report.
(b) If formal remediation steps cannot be taken for a specific contaminant, the General Manager shall provide evidence of infeasibility of remediation for that contaminant.
(c) The General Manager shall submit the plan to the Mayor and the Council.
(d) The Authority shall be required to implement the provisions of this section upon a transfer by the Chief Financial Officer of the District from the unrestricted fund balance of the General Fund of the District of Columbia to the Authority of the funding necessary to implement the provisions of this section.
(e) Repealed.
(Apr. 18, 1996, D.C. Law 11-111, § 206h; as added Mar. 19, 2013, D.C. Law 19-240, § 2(b), 59 DCR 14790; Oct. 22, 2015, D.C. Law 21-36, § 7012(b), 62 DCR 10905.)
Effect of Amendments
The 2013 amendment by D.C. Law 19-240 added this section.
The 2015 amendment by D.C. Law 21-36 repealed (e).
Emergency Legislation
For temporary (90 days) amendment of this section, see § 7010c(b) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).
For temporary (90 days) addition of D.C. Law 20-155, § 7010c, and amendment of this section, see § 2(k) of the Fiscal Year 2015 Budget Support Clarification Emergency Act of 2014 (D.C. Act 20-461, November 6, 2014, 61 DCR 11784, 20 STAT 4368).
For temporary (90 days) amendment of this section, see § 7010c(b) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).
For temporary (90 days) addition of D.C. Law 20-155, § 7010c, and amendment of this section, see § 2(k) of the Fiscal Year 2015 Budget Support Clarification Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-587, January 13, 2015, 62 DCR 1294, 21 STAT 758).
For temporary (90 days) amendment of this section, see § 7016(k)(2) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).
Temporary Legislation
For temporary (225 days) addition of D.C. Law 20-155, § 7010c, see § 2(j) of the Fiscal Year 2015 Budget Support Clarification Temporary Amendment Act of 2014 (D.C. Law 20-179, March 7, 2015, 62 DCR 424).
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 22 - Water and Sewer Authority › Subchapter II - General Provisions › § 34–2202.08. Delegation of Council authority to issue bonds

§ 34–2202.08. Delegation of Council authority to issue bonds.
The Council delegates to the Authority the power of the Council under section 490 of the District of Columbia Home Rule Act (§ 1-204.90) to issue revenue bonds to finance, refinance, or assist in the financing or refinancing of any undertakings of the Authority pursuant to this chapter.
(Apr. 18, 1996, D.C. Law 11-111, § 208, 43 DCR 548.)
Prior Codifications
1981 Ed., § 43-1678.
Section References
This section is referenced in § 34-2202.03.
Effective Dates
Section 701 of D.C. Law 11-111 provided that the act, with the exception of sections 208 through 211, shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), approval by the Financial Responsibility and Management Assistance Authority as provided in section 203(a) of the District of Columbia Financial Responsibility and Management Assistance Authority Act of 1995, approved April 17, 1995 (109 Stat. 116; D.C. Code § 47-392.03(c)), and a 30-day period of Congressional review as provided in section 602 (c)(1) of the District of Columbia Self-Government and Governmental Reorganization Act, approved December 24, 1973 (87 Stat. 813; D.C. Code § 1-206.02(c)(1)), and publication in the District of Columbia Register. Sections 208 through 211 of the act shall take effect upon the enactment by Congress of the legislation proposed in title IV of the act, or of substantially similar legislation.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 22 - Water and Sewer Authority › Subchapter II - General Provisions › § 34–2202.11. Delegation of Council authority to issue bonds

§ 34–2202.11. Delegation of Council authority to issue bonds.
The District pledges to the Authority and any holders of bonds that, except as provided in this chapter, the District will not limit or alter rights vested in the Authority to fulfill agreements made with holders of the bonds, or in any way impair the rights and remedies of the holders of the bonds until the bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceedings by or on behalf of the holders of the bonds are fully met and discharged. The Authority is authorized to include this pledge of the District in any agreement with the holders of the bonds.
(Apr. 18, 1996, D.C. Law 11-111, § 211, 43 DCR 548.)
Prior Codifications
1981 Ed., § 43-1681.
Effective Dates
Section 701 of D.C. Law 11-111 provided that the act, with the exception of sections 208 through 211, shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), approval by the Financial Responsibility and Management Assistance Authority as provided in section 203(a) of the District of Columbia Financial Responsibility and Management Assistance Authority Act of 1995, approved April 17, 1995 (109 Stat. 116; D.C. Code § 47-392.03(c)), and a 30-day period of Congressional review as provided in section 602 (c)(1) of the District of Columbia Self-Government and Governmental Reorganization Act, approved December 24, 1973 (87 Stat. 813; D.C. Code § 1-206.02(c)(1)), and publication in the District of Columbia Register. Sections 208 through 211 of the act shall take effect upon the enactment by Congress of the legislation proposed in title IV of the act, or of substantially similar legislation.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 22 - Water and Sewer Authority › Subchapter II - General Provisions › § 34–2202.12. Transfer of funds. [Repealed]

§ 34–2202.12. Transfer of funds. [Repealed]
Repealed.
(Apr. 18, 1996, D.C. Law 11-111, § 211, 43 DCR 548; Apr. 9, 1997, D.C. Law 11-184, § 202(i), 43 DCR 4265.)
Prior Codifications
1981 Ed., § 43-1682.
Emergency Legislation
For temporary repeal of section, see § 2(i) of the District of Columbia Water and Sewer Authority Emergency Amendment Act of 1996 (D.C. Act 11-293, July 9, 1996, 43 DCR 4160), § 2(i) of the Water and Sewer Authority Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-397, October 9, 1996, 43 DCR 5686), § 2(i) of the Water and Sewer Authority Second Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-466, December 30, 1996, 44 DCR 165), see § 2(i) of the Water and Sewer Authority Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-48, March 31, 1997, 44 DCR 2105).
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 22 - Water and Sewer Authority › Subchapter II - General Provisions › § 34–2202.13. District repayment option

§ 34–2202.13. District repayment option.
(a) The District retains the right to direct the Authority to purchase its own bonds and notes, subject to the terms and conditions of § 34-2202.10(h), for the purpose of dissolving or altering the Authority after such bonds and notes are cancelled or defeased.
(b) The District further retains the right to direct the Authority to defease bonds, and the authority shall do so, conditioned upon the District providing moneys, which together with the moneys of the Authority available for defeasance, would be sufficient to satisfy the requirements of § 34-2202.13a(a)(1).
(Apr. 18, 1996, D.C. Law 11-111, § 213, 43 DCR 548; Apr. 9, 1997, D.C. Law 11-184, § 202(j), 43 DCR 4265.)
Prior Codifications
1981 Ed., § 43-1683.
Section References
This section is referenced in § 34-2202.07.
Emergency Legislation
For temporary amendment of section, see § 2(j) of the District of Columbia Water and Sewer Authority Emergency Amendment Act of 1996 (D.C. Act 11-293, July 9, 1996, 43 DCR 4160).
For temporary amendment of section, see § 2(j) of the Water and Sewer Authority Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-397, October 9, 1996, 43 DCR 5686), § 2(j) of the Water and Sewer Authority Second Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-466, December 30, 1996, 44 DCR 165), and § 2(j) of the Water and Sewer Authority Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-48, March 31, 1997, 44 DCR 2105).
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 22 - Water and Sewer Authority › Subchapter II - General Provisions › § 34–2202.13a. Defeasance of bonds

§ 34–2202.13a. Defeasance of bonds.
(a) The Authority’s bonds shall no longer be considered outstanding and unpaid and shall be deemed fully met and discharged for the purposes of § 34-2202.07(e) and the security provided by the pledges of and liens on, revenues, assets, and property, if the Authority:
(1) Deposits with an escrow agent, which shall be a bank, trust company, or national banking association with requisite trust powers, in a separate defeasance escrow account, established and maintained by the escrow agent solely at the expense of the Authority and held in trust for the bond owners, sufficient moneys or direct obligations of the United States, principal of and interest on which, when due and payable, will provide sufficient moneys, together with moneys so deposited, to pay when due the principal and interest of bonds issued by the Authority to be defeased; and
(2) Delivers to the defeasance escrow agent an irrevocable letter of instruction to apply the moneys or investments to the payment of the principal of and interest on the bonds issued by the Authority to be defeased as they become due and payable.
(b) The defeasance escrow agent shall not invest the defeasance escrow account in any investment callable at the option of its issuer if the call could result in less than sufficient moneys being available for the purposes required by this section.
(c) The defeasance escrow account specified in subsection (a) of this section may be established and maintained without regard to any limitations placed on these accounts by any act or resolution of the Authority now existing or adopted after April 9, 1997, except for this chapter.
(Apr. 18, 1996, D.C. Law 11-111, § 213a; as added Apr. 9, 1997, D.C. Law 11-184, § 202(k), 43 DCR 4265.)
Prior Codifications
1981 Ed., § 43-1683.1.
Section References
This section is referenced in § 34-2202.13.
Emergency Legislation
For temporary addition of section, see § 2(k) of the District of Columbia Water and Sewer Authority Emergency Amendment Act of 1996 (D.C. Act 11-293, July 9, 1996, 43 DCR 4160).
For temporary addition of section, see § 2(k) of the Water and Sewer Authority Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-397, October 9, 1996, 43 DCR 5686), § 2(k) of the Water and Sewer Authority Second Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-466, December 30, 1996, 44 DCR 165), and § 2(k) of the Water and Sewer Authority Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-48, March 31, 1997, 44 DCR 2105).
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 22 - Water and Sewer Authority › Subchapter II - General Provisions › § 34–2202.14. Procurement system inapplicable

§ 34–2202.14. Procurement system inapplicable.
Except as provided in § 34-2202.17(b), Chapter 3A of Title 2 [§ 2-351.01 et seq.] shall not apply to the Authority.
(Apr. 18, 1996, D.C. Law 11-111, § 214, 43 DCR 548; Sept. 26, 2012, D.C. Law 19-171, § 216(a), 59 DCR 6190.)
Prior Codifications
1981 Ed., § 43-1684.
Section References
This section is referenced in § 34-2202.02.
Effect of Amendments
The 2012 amendment by D.C. Law 19-171 substituted “Chapter 3A of Title 2” for “§ 2-301.01 et seq.”
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 22 - Water and Sewer Authority › Subchapter II - General Provisions › § 34–2202.15. Merit personnel system inapplicable

§ 34–2202.15. Merit personnel system inapplicable.
(a) Except as provided in this section and in § 34-2202.17(b), no provision of § 1-601.01 et seq., shall apply to employees of the Authority except as follows:
(1) Subchapters V and XVII of Chapter 6 of Title 1 shall apply to all employees of the Authority; and
(2) Subchapters XII, XXI, XXII, and XXVI of Chapter 6 of Title 1 shall apply to employees transferred to the Authority who are covered under the Civil Service Retirement System and the District of Columbia Defined Contribution Pension Plan; provided, that all Authority employees continuously employed by the District government since December 31, 1979, shall be guaranteed rights and benefits at least equal to those currently applicable to such persons under provisions of law and rules and regulations in force prior to April 18, 1996.
(b) An employee of the Authority who is covered under the District of Columbia Defined Contribution Pension Plan, who meets the minimum requirements for participation in a retirement plan established by the Authority, may, upon written notice to the Authority, elect, instead, to be covered by the Authority’s plan.
(c) Repealed.
(Apr. 18, 1996, D.C. Law 11-111, § 215, 43 DCR 548; Feb. 6, 2008, D.C. Law 17-108, § 213(b), 54 DCR 10993; July 15, 2008, 122 Stat. 2491, Pub. L. 110-273, § 4(a).)
Prior Codifications
1981 Ed., § 43-1685.
Section References
This section is referenced in § 34-2202.02.
Effect of Amendments
D.C. Law 17-108 added subsec. (c).
Pub. L. 110-273 repealed subsec. (c), as added by D.C. Law 17-108.
Effective Dates
Section 4(b) of Pub. L. 110-273 provided that subsection (a) shall take effect as if included in the enactment of D.C. Law 17-172.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 22 - Water and Sewer Authority › Subchapter II - General Provisions › § 34–2202.16a. Low-impact design incentive program and fee discounts

§ 34–2202.16a. Low-impact design incentive program and fee discounts.
(a) Within one year of March 25, 2009, the Authority shall establish, together with the District Department of the Environment (“DDOE”), a low-impact design incentive program within the DDOE, to reduce the surface area that either prevents or retards the entry of water into the 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.
(b) The Authority and the DDOE will continue to collect and document the effects of the low-impact design techniques throughout the District on reducing stormwater runoff and the possible implications of how proven, long-term reductions in stormwater runoff may be used to renegotiate the consent decree and reduce the cost and size of the Long-Term Control Plan.
(c) Impervious surface fee discounts approved by the Authority shall be retroactive to no earlier than the date of the implementation of the impervious surface fee. A property owner may not qualify for an impervious surface fee discount until the stormwater management measures for which the property owner seeks a discount are demonstrated to be fully functional.
(Apr. 18, 1996, D.C. Law 11-111, § 216a; as added Mar. 25, 2009, D.C. Law 17-370, § 3(c), 56 DCR 1350.)
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 22 - Water and Sewer Authority › Subchapter II - General Provisions › § 34–2202.18. Existing agreements

§ 34–2202.18. Existing agreements.
This chapter shall not serve as an amendment, alteration, modification, or repeal of any contract or any regional agreement to which the District government is a party, including the 1985 Blue Plains Intermunicipal Agreement.
(Apr. 18, 1996, D.C. Law 11-111, § 218, 43 DCR 548; Apr. 9, 1997, D.C. Law 11-184, § 202(m), 43 DCR 4265.)
Prior Codifications
1981 Ed., § 43-1688.
Section References
This section is referenced in § 34-2202.06.
Emergency Legislation
For temporary amendment of section, see § 2(m) of the District of Columbia Water and Sewer Authority Emergency Amendment Act of 1996 (D.C. Act 11-293, July 9, 1996, 43 DCR 4160).
For temporary amendment of section, see § 2(m) of the Water and Sewer Authority Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-397, October 9, 1996, 43 DCR 5686), § 2(m) of the Water and Sewer Authority Second Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-466, December 30, 1996, 44 DCR 165), and § 2(m) of the Water and Sewer Authority Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-48, March 31, 1997, 44 DCR 2105).
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 22 - Water and Sewer Authority › Subchapter II - General Provisions › § 34–2202.19. Transfer of function and redelegation of authority

§ 34–2202.19. Transfer of function and redelegation of authority.
(a) All of the functions transferred to the Department of Public Works by Reorganization Plan No. 4 of 1983, effective March 1, 1984, that have been delegated to the Water and Sewer Utility Administration are hereby transferred to the Water and Sewer Authority as follows:
(1) Pursuant to Part III(I), authority to plan, manage, and contract for design, engineering, and construction of the District’s water and sewer facilities;
(2) Pursuant to Part III(K), authority to provide complete water and sewer utility systems including the provision of an adequate and potable water supply; water distribution, measurement, and billing; the collection and treatment of sewage; and the construction and maintenance of all related facilities on a cost basis; and
(3) Pursuant to Part IV(E), the functions of the Department of Environmental Services as set forth in Commissioners Order No. 71-255, dated July 27, 1971, except for the functions of the Office of Environmental Standards and Quality Assurance, which were transferred to the Department of Consumer and Regulatory Affairs, on the effective date of Reorganization Plan No. 4 of 1983.
(b) Any other functions not specified in this section that are now delegated to or vested in the Administrator of the Water and Sewer Utility Administration are hereby transferred to the Water and Sewer Utility Authority, including the power to obtain and enforce liens for the failure to pay any charge, fee, assessment, or levy authorized or required by § 34-2202.16 in accordance with §§ 34-2407.02 and 34-2110.
(Apr. 18, 1996, D.C. Law 11-111, § 219, 43 DCR 548; June 9, 2001, D.C. Law 13-311, § 2(e), 48 DCR 3512.)
Prior Codifications
1981 Ed., § 43-1689.
Effect of Amendments
D.C. Law 13-311, in subsec. (b), inserted “for the failure to pay any charge, fee, assessment, or levy authorized or required by § 34-2202.16”.
References in Text
Reorganization Plan No. 4 of 1983, referred to throughout (a), is located at part D of subchapter VI of Chapter 15 of Title 1.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 22 - Water and Sewer Authority › Subchapter II - General Provisions › § 34–2202.20. No inurement to private persons; exemption from District taxation

§ 34–2202.20. No inurement to private persons; exemption from District taxation.
(a) All rights, property and assets of the Authority shall transfer automatically to the District government upon dissolution of the Authority.
(b) None of the property, assets or earnings of the Authority shall inure to any private person or entity.
(c) The Authority, its income, property, and transactions shall be exempt from District taxes.
(Apr. 18, 1996, D.C. Law 11-111, § 220; as added Apr. 9, 1997, D.C. Law 11-184, § 202(n), 43 DCR 4265.)
Prior Codifications
1981 Ed., § 43-1690.
Emergency Legislation
For temporary addition of section, see § 2(n) of the District of Columbia Water and Sewer Authority Emergency Amendment Act of 1996 (D.C. Act 11-293, July 9, 1996, 43 DCR 4160).
For temporary addition of section, see § 2(n) of the Water and Sewer Authority Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-397, October 9, 1996, 43 DCR 5686), § 2(n) of the Water and Sewer Authority Second Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-466, December 30, 1996, 44 DCR 165), and § 2(n) of the Water and Sewer Authority Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-48, March 31, 1997, 44 DCR 2105).
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 22 - Water and Sewer Authority › Subchapter III - Enterprise Fund Operation and Maintenance Account › § 34–2202.41. Operation and Maintenance Account

§ 34–2202.41. Operation and Maintenance Account.
(a)(1) Contents of account. — There is hereby established within the Water and Sewer Enterprise Fund the Operation and Maintenance Account, consisting of all funds paid to the District of Columbia on or after April 26, 1996 which are:
(A) Attributable to waste water treatment user charges;
(B) Paid by users jurisdictions for the operation and maintenance of the Blue Plains Wastewater Treatment Facility and related waste water treatment works; or
(C) Appropriated or otherwise provided for the operation and maintenance of the Blue Plains Wastewater Treatment Facility and related waste water treatment works.
(2) Use of funds in account. — Funds in the Operation and Maintenance Account shall be used solely for funding the operation and maintenance of the Blue Plains Wastewater Treatment Facility and related waste water treatment works and may not be obligated or expended for any other purpose, and may be used for related debt service and capital costs if such funds are not attributable to user charges assessed for purposes of section 204(b)(1) [33 U.S.C. § 1284(b)(1)] of the Federal Water Pollution Control Act.
(b) EPA Grant Account. —
(1) Contents of account. — There is hereby established within the Water and Sewer Enterprise Fund and EPA Grant Account, consisting of all funds paid to the District of Columbia on or after April 26, 1996, which are:
(A) Attributable to grants from the Environmental Protection Agency for construction at the Blue Plains Wastewater Treatment Facility and related waste water treatment works; or
(B) Appropriated or otherwise provided for construction at the Blue Plains Wastewater Treatment Facility and related waste water treatment works.
(2) Use of funds in account. — Funds in the EPA Grant Account shall be used solely for the purposes specified under the terms of the grants and appropriations involved, and may not be obligated or expended for any other purpose.
(Apr. 26, 1996, 110 Stat. 1321 224, Pub. L. 104-134, § 154.)
Prior Codifications
1981 Ed., § 43-1677.1.
References in Text
“Section 204(b)(1) of the Federal Water Pollution Control Act,” referred to in (a)(2), is classified as 33 U.S.C. § 1284(b)(1).
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 23 - Water and Sewer Services Amnesty Program, Receivership Provision, and Administrative Review › § 34–2301. Definitions

§ 34–2301. Definitions.
For the purposes of this chapter, the term:
(1) “Owner” means any individual, corporation, association, or partnership listed as the legal title holder of record.
(2) “Rental property” means any real property consisting of 1 or more units that is leased or subleased to a person with the consent of the owner or the owner’s agent, in consideration for rental payment.
(3) “Tenant” means any person who holds or possesses a habitation in subordination to the title of the owner of the premises in which the habitation is located, with the consent of the owner.
(May 18, 1954, ch. 218, title XVIII, § 1801; as added June 13, 1990, D.C. Law 8-136, § 2(g), 37 DCR 2620.)
Prior Codifications
1981 Ed., § 43-1651.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 23 - Water and Sewer Services Amnesty Program, Receivership Provision, and Administrative Review › § 34–2302. Amnesty program

§ 34–2302. Amnesty program.
(a) There is established an amnesty program for any person liable for delinquent water and sanitary sewer services. The amnesty program shall permit the person to pay the full amount of outstanding charges for water and sanitary sewer services, without the imposition of any interest or fine otherwise provided by law.
(b) The amnesty program shall be available during the period from October 1, 1990, through December 31, 1990.
(c) A person may participate in the amnesty program by filing an application for amnesty with the Mayor that includes a copy of the person’s most recent water and sanitary sewer service bill and a cashier’s check, certified check, or money order in the amount of the bill as computed under subsection (a) of this section. The application for amnesty and the payment shall be filed in person or by mail postmarked no later than midnight on December 31, 1990. Cash payments may not be mailed for purposes of this section.
(d) Any person who files an application for amnesty under this section shall be precluded from filing a request for an administrative hearing pursuant to § 34-2305.
(e) The Mayor shall publicize, for 3 consecutive weeks, the terms and conditions of the amnesty program in at least 2 daily and 2 weekly newspapers published and circulated generally in the District of Columbia.
(f) Revenue received from the amnesty program shall be credited to the General Fund of the District of Columbia as established by § 47-131.
(May 18, 1954, ch. 218, title XVIII, § 1802; as added June 13, 1990, D.C. Law 8-136, § 2(g), 37 DCR 2620.)
Prior Codifications
1981 Ed., § 43-1652.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 23 - Water and Sewer Services Amnesty Program, Receivership Provision, and Administrative Review › § 34–2303. Opportunity for a tenant to receive service in own name; payment made by tenant

§ 34–2303. Opportunity for a tenant to receive service in own name; payment made by tenant.
(a) If an owner of rental property or his or her agent is billed directly by the District of Columbia Water and Sewer Authority (“Authority”) for water and sanitary sewer services provided to the rental property, and the owner or his or her agent fails to pay a delinquent account for the services, each tenant who resides in the affected property may receive water and sanitary sewer services in his or her own name without liability for the charges accrued while the services were billed directly to the owner of the rental property. A tenant shall receive water and sanitary sewer services in his or her own name only if it is deemed practicable by the Mayor in accordance with rules issued pursuant to § 34-2306.
(b) Any payment made by a tenant of rental property pursuant to subsection (a) of this section shall be deemed in lieu of an equal amount of rent and shall be deducted from any rent due and owing or to become due and owing to the owner, agent, lessor, or manager of the rental property.
(c) Nothing in this section shall prevent the Mayor from pursuing any other appropriate action or remedy at law or equity against an owner, agent, lessor, manager, or tenant of a rental property.
(May 18, 1954, ch. 218, title XVIII, § 1803; as added June 13, 1990, D.C. Law 8-136, § 2(g), 37 DCR 2620; Oct. 21, 2000, D.C. Law 13-183, § 3(a), 47 DCR 7062.)
Prior Codifications
1981 Ed., § 43-1653.
Effect of Amendments
D.C. Law 13-183 substituted in subsec. (a) “the District of Columbia Water and Sewer Authority (’Authority’)” for “Department of Public Works (’Department’)”.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 23 - Water and Sewer Services Amnesty Program, Receivership Provision, and Administrative Review › § 34–2305. Administrative review

§ 34–2305. Administrative review.
Any owner or occupant of a property that receives water and sewer services may contest a water or sanitary sewer service bill rendered for water and sewer services in accordance with §§ 2-509 and 2-510, as set forth in rules issued by the Mayor pursuant to § 34-2306. The Mayor or the Authority shall require the owner or occupant to post a surety bond or deposit upon the filing of a request for an administrative hearing, except that the requirement to post a surety bond or deposit shall not apply to an owner who occupies a single family house. The amount of the surety bond or deposit shall be determined by the Mayor or the Authority and shall not be less than one-half of the total amount of charges, penalties, and interest owed. The surety bond or deposit shall be placed into an escrow account and accrue interest at a rate to be determined by the Mayor or the Authority.
(May 18, 1954, ch. 218, title XVIII, § 1805; as added June 13, 1990, D.C. Law 8-136, § 2(g), 37 DCR 2620; Oct. 21, 2000, D.C. Law 13-183, § 3(c), 47 DCR 7062.)
Prior Codifications
1981 Ed., § 43-1655.
Section References
This section is referenced in § 34-2107, § 34-2202.16, and § 34-2302.
Effect of Amendments
D.C. Law 13-183 added “or the Authority” following “Mayor” in two instances in the second sentence.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 23 - Water and Sewer Services Amnesty Program, Receivership Provision, and Administrative Review › § 34–2306. Rules

§ 34–2306. Rules.
(a) Within 60 days of June 13, 1990, the Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue proposed rules to implement the provisions of this act [D.C. Law 8-136] including rules regarding deposits, meters, liens, the sale and redemption of real property, the amnesty program, receivership, termination of water and sewer services, and administrative review.
(b) The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day period, the proposed rules shall be deemed approved.
(c) If after 90 days from June 13, 1990, the Mayor has failed to issue proposed rules to implement the provisions of this act [D.C. Law 8-136] as provided in subsection (a) of this section, the Council may adopt any legislation necessary to accomplish the purposes of this act. [D.C. Law 8-136]
(June 13, 1990, D.C. Law 8-136, § 8, 37 DCR 2620.)
Prior Codifications
1981 Ed., § 43-1656.
Section References
This section is referenced in § 34-2303 and § 34-2305.
References in Text
“This act,” referred to in (a) and in two places in (c), is D.C. Law 8-136.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 24 - Water Supply, Assessments, and Rates › Subchapter I - General Provisions › § 34–2401.01. Mayor to have power to erect water mains, pipes, and fireplugs

§ 34–2401.01. Mayor to have power to erect water mains, pipes, and fireplugs.
The Mayor of the District of Columbia shall have the power to lay water mains and water pipes and to erect fireplugs and hydrants wherever the same may be in his judgment necessary for the public safety, comfort, or health.
(R.S., D.C., § 204; June 17, 1890, 26 Stat. 159, ch. 428.)
Prior Codifications
1981 Ed., § 43-1501.
1973 Ed., § 43-1501.
Cross References
National capital housing authority, low income housing, acquisition, development and disposition of property, see § 6-101.01.
Permit and excavation fees, sewer, water and gas main, see § 2-136.
Public roads and bridges, jurisdiction in mayor, see § 9-101.02.
Taxation, budget estimates, mayor to include expenses of Water Department in annual estimate, see § 47-212.
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 I - General Provisions › § 34–2401.02. Operations of Water Department to be under direction of Engineer’s Office

§ 34–2401.02. Operations of Water Department to be under direction of Engineer’s Office.
The operations of the Water Department of the District of Columbia shall be under the direction of the Engineer’s Office of the District, subject to the control of the Mayor of the District of Columbia.
(July 1, 1882, 22 Stat. 143, ch. 263, § 2.)
Prior Codifications
1981 Ed., § 43-1502.
1973 Ed., § 43-1502.
Transfer of Functions
Reorganization Order No. 28 of the Board of Commissioners, dated April 3, 1953, now redesignated Organization Order No. 147, dated August 19, 1965, established a Department of Sanitary Engineering headed by a Director. The Department performed sanitary engineering services and operations for the District including water distribution, sanitary, storm, and combined sewer systems, sewage treatment, and collection and disposal of waste material. The Office of the Water Registrar and the previously existing Department of Sanitary Engineering (which included the Sewer Division, Water Division, Sanitation Division, and the Sewage Treatment Plant) were abolished and their functions transferred to this Department. The Orders were issued pursuant to Reorganization Plan No. 5 of 1952. Functions of the Department of Sanitary Engineering as set forth in Organization Order No. 147, as amended, were transferred to the Department of Environmental Services by Commissioner’s Order No. 71-255, dated July 27, 1971.
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.