727905 Amend Water and Sanitary Sewer Service Rates, Impervious Surface Area Charge, Right of Way Occupancy Fee, Payment in Lieu of Taxes Fee and Definitions

DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY

 

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. Official 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. Official Code § 2-505(a)), and in accordance with Chapter 40 of Title 21 of the District of Columbia Municipal Regulations (DCMR), hereby gives notice of its intention to amend Sections 4100, “Rates for Water Service,” and 4101, “Rates for Sewer Service,” of Chapter 41, “Retail Water and Sewer Rates,” and Sections 112, “Fees,” and 199, “Definitions,” of Chapter 1, “Water Supply,” of Title 21, “Water and Sanitation,” of the DCMR.

 

The Board expressed its intention to amend the DCMR at its regularly scheduled Board meeting held on February 3, 2011, pursuant to Board Resolution # 11-23. 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.

 

In addition, the Board will 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 D.C. Register.

 

Section 4100, “Rates for Water Service,” of Chapter 41, “Retail Water and Sewer Rates,” of Title 21, “Water and Sanitation,” of the DCMR is amended as follows:

 

Subsection 4100.3 is amended to read as follows:

 

4100                RATES FOR WATER SERVICE

 

4100.3             Effective October 1, 2011, the rate for retail metered water service shall be increased from Three Dollars and Ten Cents ($3.10) for each One Hundred Cubic Feet (CCF) (or the equivalent of Four Dollars and Fourteen Cents ($4.14) for each One Thousand (1,000) Gallons (1 CCF equals Seven Hundred Forty-Eight and Five hundredths (748.05) Gallons)) of water used to:

 

(a)                Residential Customers: Three Dollars and Twenty-Nine Cents ($3.29) per CCF (or the equivalent of Four Dollars and Forty Cents ($4.40) for each One Thousand (1,000) Gallons) of water used.

 

(b)               Non-Residential Customers: Three Dollars and Twenty-Nine Cents ($3.29) per CCF (or the equivalent of Four Dollars and Forty Cents ($4.40) for each One Thousand (1,000) Gallons) of water used.

 

Section 4101, “Rates for Sewer Service,” of Chapter 41, “Retail Water and Sewer Rates,” of Title 21, “Water and Sanitation,” of the DCMR is amended as follows:

Subsection 4101.1 is amended to read as follows:

 

4101                RATES FOR SEWER SERVICE

 

4101.1             Effective October 1, 2011, the rates for sanitary sewer service shall be:

 

(a)        The retail sanitary sewer service rate shall be increased from Three Dollars and Seventy-Nine Cents ($3.79) for each One Hundred Cubic Feet (CCF) (or Five Dollars and Seven Cents ($5.07) for each One Thousand (1,000) Gallons (1 CCF equals Seven Hundred Forty-Eight and Five hundredths (748.05) Gallons)) of water used to:

 

(1)               Residential Customers: Four Dollars and One Cent ($4.01) per CCF (or the equivalent of Five Dollars and Thirty-Six Cents         ($ 5.36) for each One Thousand (1,000) Gallons) of water used;

 

(2)               Non-Residential Customers: Four Dollars and One Cent ($4.01) per CCF (or the equivalent of Five Dollars and Thirty-Six Cents ($5.36) for each One Thousand (1,000) Gallons) of water used; and

 

(b)        The annual Clean Rivers Impervious Surface Area Charge (IAC) shall be increased from Forty-One Dollars and Forty Cents ($41.40), billed monthly at Three Dollars and Forty-Five Cents ($3.45), per Equivalent Residential Unit (ERU) to Eighty-Two Dollars and Forty-Four Cents ($82.44) per ERU, billed monthly as follows:

 

(1)               Residential Customers: Six Dollars and Eighty-Seven Cents ($6.87) per month for each ERU;

 

(2)               Non-Residential Customers: Six Dollars and Eighty-Seven Cents ($6.87) per month for each ERU.

 

Section 112, “Fees,” of Chapter 1, “Water Supply,” of Title 21, “Water and Sanitation,” of the DCMR is amended as follows:

 

Subsection 112.8 is amended to read as follows:

 

112.8               RIGHT OF WAY OCCUPANCY FEE PASS THROUGH CHARGE/PILOT FEE - Effective October 1, 2011, the District of Columbia Right of Way Occupancy Fee Pass Through Charge and the Payment in Lieu of Taxes (PILOT) Fee, shall be increased from Sixty-Three Cents ($0.63) for each One Hundred Cubic Feet   (1 CCF) (or the equivalent of Eighty-Four Cents ($0.84) for each One Thousand (1,000) Gallons (1 CCF equals Seven Hundred Forty-Eight and Five hundredths (748.05) Gallons)) to Sixty-Eight Cents ($0.68) for each One Hundred Cubic Feet (1 CCF) (or the equivalent of Ninety-One Cents ($0.91) for each One Thousand (1,000) Gallons) of water used, divided as follows:

 

(a)                District of Columbia Right of Way Fee, assessed to recover the cost of fees charged by the District of Columbia to D.C. Water and Sewer Authority for use of District of Columbia public space and rights of way: An increase from Fourteen Cents ($0.14) per CCF (or the equivalent of Nineteen Cents ($0.19) per One Thousand (1,000) Gallons) of water used to:

 

(1)               Residential Customers: Fifteen Cents ($0.15) per CCF (or the equivalent of Twenty Cents ($0.20) per One Thousand (1,000) Gallons) of water used;

 

(2)               Non-Residential Customers: Fifteen Cents ($0.15) per CCF (or the equivalent of Twenty Cents ($0.20) per One Thousand (1,000) Gallons) of water used; and

 

(b)               Payment in Lieu of Taxes to the Office of the Chief Financial Officer (OCFO) of the District of Columbia, assessed to cover the amount which D.C. Water and Sewer Authority pays each fiscal year to the District of Columbia, consistent with D.C. Water and Sewer Authority’s enabling statute for public goods and services received from the District of Columbia: An increase from Forty-Nine Cents ($0.49) per CCF (or the equivalent of Sixty-Five Cents ($0.65) per One Thousand (1,000) Gallons) of water used to:

 

(1)               Residential Customers: Fifty-Three Cents ($0.53) per CCF (or the equivalent of Seventy-One Cents ($0.71) per One Thousand (1,000) Gallons) of water used;

 

(2)               Non-Residential Customers: Fifty-Three Cents ($0.53) per CCF (or the equivalent of Seventy-One Cents ($0.71) per One Thousand (1,000) Gallons) of water used.

 

Section 199, “Definitions,” of Chapter 1, “Water Supply,” of Title 21, “Water and Sanitation,” of the DCMR is amended to read as follows:

 

199                  DEFINITIONS

 

199.1               When used in this chapter, the following words and phrases shall have the meanings ascribed:

                       

Department - the District of Columbia Water and Sewer Authority.

 

Director - the General Manager of the District of Columbia Water and Sewer Authority or his or her lawful agent, representative, or designee.