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DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY
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NOTICE OF PROPOSED RULEMAKING
The Board of Directors of the District of Columbia Water and Sewer Authority ("the Board"), pursuant to the authority set forth in Section 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. Code §§ 34-2202.03(3), (11) and 34-2202.16, Section 6(a) of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1206; D.C. Code § 2-505(a), and in accordance with 21 District of Columbia Municipal Regulations (DCMR) Chapter 40, hereby gives notice of its intention to amend Title 21 DCMR Water and Sanitation Regulations, Chapter 41, Retail Water and Sewer Rates, Section 4103, Fire Protection Service Fee.
The Board expressed its intention to amend the DCMR at its regularly scheduled Board meeting held on February 4, 2010 pursuant to Board Resolution # 10-26. 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.
Comments on these proposed rules 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, or email Lmanley@dcwasa.com. Copies of these proposed rules may be obtained from the Authority at the same address.
In addition, the Board will also receive comments on these proposed rates at a public hearing at a later date. The public hearing notice will be published in a subsequent edition of the District of Columbia Register.
I. Timing of Final Action on Proposed Rulemaking
No final action will be taken on the Rulemaking Proposal described in this notice until after each of the following events has occurred:
1. A public hearing is held to receive comments on the proposed rulemaking.
2. The public comment period on this rulemaking expires; and
3. The Board of Directors takes final action after public comments are considered.
II. Rulemaking Proposal
The following rulemaking action is proposed:
Title 21 DCMR, Chapter 41 RETAIL WATER AND SEWER RATES, Section 4103 FIRE PROTECTION SERVICE FEE, Subsection 4103.1 is amended to read as follows:
4103 FIRE PROTECTION SERVICE FEE
4103.1 The charge to the District of Columbia for the provision of water for fire protection service, including, but not limited to maintaining and upgrading public fire hydrants in the District of Columbia, and the cost of fire hydrant inspections performed by the D.C. Fire and Emergency Medical Services shall be Six Hundred and Eighty Dollars and Forty Eight Cents ($680.48) per fire hydrant, per year, effective April 12, 2010. The fee may be examined every three years to determine if the fee is sufficient to recoup the actual costs for providing this service. In the event the costs are not being recouped, the District shall pay the difference and the fee will be appropriately adjusted pursuant to the rulemaking process.
