Section 21-407. ADJUSTMENT FOR LEAKS WHICH OCCUR BETWEEN THE METER AND THE STRUCTURES THAT ARE SERVED BY THE METER AND FOR UNDERGROUND LEAKS  


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    407.1When a meter leak is discovered, the Authority shall make the repairs. A licensed plumber may make the necessary repairs at the expense of the Authority if the amount and nature of the repairs is approved in advance by the General Manager but only if the General Manager has not determined that the leak constitutes an emergency or unsafe condition.

     

    407.2The General Manager shall investigate the cause and location when notified of the possibility of leaks. If the investigation discloses a leak, other than a meter leak, of indeterminate location in the underground service, or at some other location where the leak is not apparent from visual or other inspection, the General Manager shall determine whether the leak is on public space, on private property, or on property that is under the control of the occupant.

     

    407.3If, pursuant to § 407.2 the leak is determined to have been caused by the Authority, or is determined to be in public space, the Authority shall repair the leak and the General Manager shall adjust the bill to equal the average consumption of water at the same premises for up to three (3) previous comparable periods for which records are available. If the leak is determined to have been caused by the owner or occupant, no adjustment shall be made.

     

    407.4If, pursuant to § 407.2 the leak is determined to be on private property or on property that is under the control of the owner or occupant, the owner or occupant shall repair the leak. The General Manager may, at his discretion, upon request of the owner, adjust the bill(s) for the periods during which the leak occurred by an amount not to exceed 50% of the excess water usage -over the average consumption of water at the same premises for up to three (3) previous comparable periods for which records are available. The General Manager may take the following into consideration in determining whether there should be a reduction in the bill(s):

     

    (a)There has been no negligence on the part of the owner or occupant in notifying the Department of unusual conditions indicative of a waste of water;

     

    (b)The owner has taken steps to have the leak repaired promptly upon discovery of a leak on private property;

     

    (c)Repairs have been made by a District registered plumber and approved by the Chief, Plumbing Inspection Branch, Department of Consumer and Regulatory Affairs, or his or her designee in accordance with D.C. Code §8-205;

     

    (d)Form ES-138 has been obtained from the Authority, completed in full, signed by the owner or occupant, and certified by the plumber who made the repairs; and

     

    (e)The request for adjustment has been made promptly.

     

    The General Manager may, at his discretion, adjust up to 100% of the excess sewer charges resulting from an underground leak if it is determined that the excess water usage did not enter the wastewater system.

     

    407.5No Adjustment shall be made if the leak is determined to have been caused by the owner or occupant.

     

source

Final Rulemaking published at 24 DCR 8315 (March 24, 1978), incorporating text of Proposed Rulemaking published at 24 DCR 6206, 6208 (January 27, 1978), 12 DCRR §§400.37.5(e) and 400.37.5(f); as amended by Final Rulemaking published at 40 DCR 1300, 1309 (February 12, 1993); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999); as amended by Final Rulemaking published at 50 DCR 796(January 24, 2003); as amended by Final Rulemaking published at 52 DCR 10709 (December 9, 2005).