5823897 Water and Sewer Authority, DC - Notice of Proposed Rulemaking - Establish System Availability Fee
-
DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY
NOTICE OF PROPOSED RULEMAKING
The Board of Directors (Board) of the District of Columbia Water and Sewer Authority (DC Water), pursuant to the authority set forth in Sections 203(3) and (11) and 216 of the Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996, effective April 18, 1996 (D.C. Law 11-111, §§ 203(3), (11) and 216); D.C. Official Code §§ 34-2202.03(3) and (11), and § 34-2202.16 (2012 Repl.)); and Section 6(a) of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1206; D.C. Official Code § 2-505(a) (2012 Repl.)), hereby gives notice that at its regularly scheduled meeting on January 7, 2016, the Board adopted Board Resolution #16-10 to propose the amendment of Sections 112 (Fees) and 199 (Definitions) of Chapter 1 (Water Supply) of Title 21 (Water and Sanitation) of the District of Columbia Municipal Regulations (DCMR).
The purpose of the amendments is to add the System Availability Fee and relevant definitions.
The Board requests comments on these proposed regulations and comments on whether DC Water should consider exemptions for charitable organizations and affordable housing and if so, the nature and extent of such exemptions.
Final rulemaking action shall be taken in not less than thirty (30) days from the date of publication of this notice in the D.C. Register.
Chapter 1, WATER SUPPLY, of Title 21 DCMR, WATER AND SANITATION, is amended as follows:
Section 112, FEES, is amended by adding a new Subsection 112.11 to read as follows:
112.11 Effective April 1, 2016, DCRA Construction Permit Applicants and federal facilities shall be assessed a System Availability Fee (SAF) for new water and sewer connections and renovation or redevelopment projects for existing connections to the District’s potable water and sanitary sewer systems based on the SAF meter size in accordance with the following fee schedule and requirements:
(a) Residential customers shall be charged a System Availability Fee based on the SAF meter size as listed below:
SAF Meter Size
(inches)
Water System Availability Fee
Sewer System Availability Fee
Total System Availability Fee
5/8”
$ 1,135
$ 2,809
$ 3,944
3/4"
$ 1,135
$ 2,809
$ 3,944
1”
$ 1,135
$ 2,809
$ 3,944
1”x1.25”
$ 2,047
$ 5,066
$ 7,113
1.5”
$ 5,491
$ 13,591
$ 19,082
2”
$ 11,125
$ 27,536
$ 38,661
(b) Multi-Family and all Non-Residential customers shall be charged a System Availability Fee based on the SAF meter size as listed below:
SAF Meter Size
(inches)
Water System Availability Fee
Sewer System Availability Fee
Total System Availability Fee
1” or smaller
$ 1,282
$ 3,173
$ 4,455
1”x1.25”
$ 2,047
$ 5,066
$ 7,113
1.5”
$ 5,491
$ 13,591
$ 19,082
2”
$ 11,125
$ 27,536
$ 38,661
3”
$ 32,500
$ 80,442
$ 112,942
4”
$ 83,388
$ 206,394
$ 289,782
6”
$ 229,246
$ 567,408
$ 796,654
8”
$ 229,246
$ 567,408
$ 796,654
8”x2”
$ 229,246
$ 567,408
$ 796,654
8”x4”x1”
$ 229,246
$ 567,408
$ 796,654
10”
$ 229,246
$ 567,408
$ 796,654
12”
$ 229,246
$ 567,408
$ 796,654
16”
$ 229,246
$ 567,408
$ 796,654
(c) The SAF meter size shall be computed for the peak water demand, excluding fire demand in accordance with D.C. Construction Codes Supplement of 2013, as amended, Chapter 3 (Water Meters) of this title, and DC Water Standard Details and Guideline Masters.
(d) The System Availability Fee shall be assessed for any new premises, building or structure that requires a metered water service connection to the District’s potable water and/or sanitary sewer systems.
(e) The System Availability Fee shall be assessed for renovation or redevelopment projects for any premises, building or structure that requires a metered water service connection to the District’s potable water and/or sanitary sewer systems.
(f) For a renovation or redevelopment project on a property that already had/has a DC Water meter(s) and account(s), DC Water shall determine the net System Availability Fee based on the difference between the property’s new System Availability Fee determined by the SAF meter size(s) and the System Availability Fee determined by the old meter size(s) for the meters(s) being removed from the system.
(g) If the net System Availability Fee is zero or less, no System Availability Fee shall be charged.
(h) If the net System Availability Fee is greater than zero, DC Water shall provide System Availability Fee credits for the removed capacity and assess the net System Availability Fee.
(i) Properties under renovation or redevelopment shall not receive a System Availability Fee credit for the DC Water account(s) that are/have been inactive during the twelve month period prior to DC Water’s issuance of the Certificate of Approval.
(j) For DCRA Construction Permit applicants, payment of the System Availability Fee shall be a condition for DC Water’s issuance of the Certificate of Approval.
(k) DCRA Construction Permit applicants that submitted plans and specifications to DC Water prior to the effective date of these regulations, shall not be subject to the System Availability Fee provided:
(1) The DC Water Engineering Review fee(s) has been paid;
(2) The plans, specifications and other information conform to the requirements of the DC Construction Codes Supplement, as amended, and are sufficiently complete to allow DC Water to complete its Engineering Review without substantial changes or revisions; and
(3) DC Water issues the Certificate of Approval within one year after the effective date of these regulations.
(l) For federal facilities, payment of the System Availability Fee shall be a condition of DC Water’s issuance of the Certificate of Approval.
(m) After the effective date of these regulations to December 31, 2019, the property owner may request to pay the System Availability Fee in four equal installments, with the final payment due on or before one year after the execution date of a Payment Plan Agreement. Execution of a Payment Plan Agreement and payment of the first installment payment, shall be a condition of DC Water’s issuance of the Certificate of Approval.
(n) In the case that the DCRA Construction Permit is not issued or is revoked or the construction project is abandoned or discontinued, upon written request from the property owner, DC Water shall issue the property owner a refund of the System Availability Fee.
Section 199, DEFINITIONS, is amended by adding the following terms and definitions to read as follows:
Development – the construction of a premises, building or structure that establishes a new water and/or sewer connection.
Redevelopment – the renovation or alteration of a premises, building or structure or reconstruction of a property that increases or decreases the water supply demand or drainage, waste, and vent (DWV) system load. Redevelopment shall not include the up-sizing of a water service or sewer lateral to comply with the D.C. Construction Codes Supplement of 2013, provided the water supply demand and DMV system load remain the same.
System Availability Fee – A one-time fee assessed to a property owner of any premises, building or structure to recover the cost of system capacity put in place to serve all metered water service and sanitary sewer connections and renovation or redevelopment projects that require an upsized meter service connection to the District’s potable water system. The fee is assessed based on the peak water demand, excluding fire demand, for new meter water service connection and renovation or redevelopment projects that increase the peak water demand and associated SAF meter size for the property.
Comments on these proposed rules and comments on whether DC Water should consider exemptions for charitable organizations and affordable housing and if so, the nature and extent of such exemptions should be submitted in writing no later than thirty (30) days after the date of publication of this notice in the D.C. Register to Linda R. Manley, Secretary to the Board, District of Columbia Water and Sewer Authority, 5000 Overlook Ave., S.W., Washington, D.C. 20032, by email to Lmanley@dcwater.com, or by FAX at (202) 787-2795. Copies of these proposed rules may be obtained from the DC Water at the same address or by contacting Ms. Manley at (202) 787-2332.
