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DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY
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NOTICE OF FINAL 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, at its regularly scheduled meeting on April 1, 2010 took final action to amend Title 21 DCMR Water and Sanitation Regulations, Chapter 41, Retail Water and Sewer Rates, Section 4103, Fire Protection Service Fee.
The Authority’s proposed rulemaking was originally published in the February 12, 2010 edition of the D.C. Register (57 DCR 1363). A notice of public hearing was published in the March 5, 2010 edition of the D.C. Register (57 DCR 1889) and the public hearing was held on March 18, 2010. The Retail Rates Committee at its meeting on April 1, 2010 considered the comments offered during the comment period and at the March 18, 2010 public hearing. On April 1, 2010, the Board of Directors voted after consideration of all comments received and the report of the Retail Rates Committee to increase the Fire Protection Service Fee to $ 680.00 per fire hydrant, effective April 12, 2010 pursuant to Board Resolution # 10-53.
No changes have been made to the substance of the proposed regulations. Clarifying changes were made to the regulations, which do not substantially alter or change the intent, meaning, or application of the proposed rules.
This final rulemaking will be effective April 12, 2010.
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 ($680.00) per fire hydrant, per year, effective April 12, 2010. The fee may be examined at least once 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.
