2862584 Amend Rates for Water Supply Fees Chapter 1 and Chapter 41 Water; Chapter 41 Sewer; Chapter 1 Water Supply Fire Protection Fees

DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY

 

NOTICE OF FINAL RULEMAKING

 

The Board of Directors (the Board) of the District of Columbia Water and Sewer Authority (DC Water), 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) (2010 Repl.)), and in accordance with 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) (2011 Repl.)), and in accordance with Chapter 40 of title 21 of the District of Columbia Municipal Regulations (DCMR), at its regularly scheduled meeting on July 5, 2012, took final action through adoption of Resolutions # 12-73, 12-74, 12-75, and 12-76 to amend Sections 4100 (Rates for Water Service), 4101 (Rates for Sewer Service), and 4103 (Fire Protection Service Fee) and add a new Section 4199 (Definitions) of Chapter 41 (Retail Water and Sewer Rates) and Section 112 (Fees) of Chapter 1 (Water Supply) of Title 21 (Water and Sanitation) of the DCMR.

 

Pursuant to Board Resolution # 12-13, DC Water’s proposed rulemaking was published in the D.C. Register on February 17, 2012, at 59 DCR 1399.  Pursuant to Board Resolution # 12-25, DC Water’s proposed rulemaking was published in the D.C. Register on February 10, 2012, at 59 DCR 1130. Pursuant to Board Resolution # 12-26, DC Water’s proposed rulemaking was published in the D.C. Register on February 10, 2012, at 59 DCR 1132. Pursuant to Board Resolutions # 12-46 and 12-47, DC Water’s proposed rulemaking was published in the D.C. Register on April 13, 2012, at 59 DCR 2930.  Further, a notice of public hearing was published in the D.C. Register on April 27, 2012, at 59 DCR 3695, and the public hearing was held on May 9, 2012.  The record of the public hearing remained open until June 10, 2012, to receive written comments.  DC Water also conducted eight (8) town hall and three (3) community meetings from March 1 through April 30, 2012, to receive comments on the rate and fee proposals.  On June 26, 2012, the Retail Water and Sewer Rates Committee met to consider the comments offered at the May 9, 2012, public hearing and during the public comment period. 

 

On July 5, 2012, the Board, through Resolutions # 12-73, 12-74, 12-75, and 12-76, voted after consideration of all comments received and the report of the Retail Water and Sewer Rates Committee to amend the DCMR to: increase the retail metered water service rates from $3.24 per One Hundred Cubic Feet of water used to $3.42 per One Hundred Cubic Feet of water used; increase the retail metered sewer service rates from $3.96 per One Hundred Cubic Feet of water used to $4.18; increase the annual Clean Rivers Impervious Surface Area Charge from $79.68 to $114.84 per Equivalent Residential Unit; reestablish the rate for groundwater sewer charge for unimproved real property under construction at $2.33 per CCF; establish the rate for cooling water sewer charge and non-potable water source charge at the retail sanitary sewer service rate; revise the billing frequency for impervious only billing properties; increase the DC Fire Protection Service Fee to $748; add definitions for Cooling Water and Non-Potable Water Source; establish pretreatment permitting and industrial user annual compliance fees; increase the Right of Way Occupancy Fee Pass Through Charge from $0.15 to $0.16 per One Hundred Cubic Feet of water used; and increase the PILOT Fee from $0.49 per One Hundred Cubic Feet of water used to $0.50 per One Hundred Cubic Feet of water used.

 

No changes were made to the substance of the proposed regulations.  Clarifying revisions were made in Section 4101.3 of Title 21 of the DCMR to clarify that the Fire Protection Service Fee is applicable to public fire hydrants. These revisions do not substantially alter or change the intent, meaning, or application of the proposed rules.

 

This final rulemaking will become effective October 1, 2012.

 

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, 2012, the rate for retail metered water service shall be increased from three dollars and twenty-four cents ($3.24) for each one hundred cubic feet (1 CCF) (or the equivalent of four dollars and thirty-three cents ($4.33) for each one thousand gallons (1,000 gals.) (one hundred cubic feet (1 CCF) equals seven hundred forty-eight and five hundredths gallons (748.05 gals.)) of water used to:

 

(a)                Residential Customers: three dollars and forty-two cents ($3.42) per CCF (or the equivalent of four dollars and fifty-seven cents ($4.57) for each one thousand gallons (1,000 gals.)) of water used; and

 

(b)               Non-Residential Customers: three dollars and forty-two cents ($3.42) per CCF (or the equivalent of four dollars and fifty-seven cents ($4.57) for each one thousand gallons (1,000 gals.)) 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, 2012, the rates for sanitary sewer service shall be:

 

(a)        The retail sanitary sewer service rate shall be increased from three dollars and ninety-six cents ($3.96) for each one hundred cubic feet (1 CCF) (or five dollars and twenty-nine cents ($5.29) for each one thousand gallons (1,000 gals.) (one hundred cubic feet (1 CCF) equals seven hundred forty-eight and five hundredths gallons (748.05 gals.)) of water used to:

 

(1)               Residential Customers: four dollars and eighteen cents ($4.18) per CCF (or the equivalent of five dollars and fifty-nine cents ($5.59) for each one thousand gallons (1,000 gals.)) of water used; and

 

(2)               Non-Residential Customers: four dollars and eighteen cents ($4.18) per CCF (or the equivalent of five dollars and fifty-nine cents ($5.59)) for each one thousand gallons (1,000 gals.)) of water used; and

 

(b)        The annual Clean Rivers Impervious Surface Area Charge (IAC) shall be increased from seventy-nine dollars and sixty-eight cents ($79.68), billed monthly at six dollars and sixty-four cents ($6.64), per Equivalent Residential Unit (ERU), to one hundred sixteen dollars and seventy-six cents ($116.76) per ERU, billed monthly as follows:

 

(1)               Residential Customers: nine dollars and fifty-seven cents ($9.57) per month for each ERU; and

 

(2)               Non-Residential Customers: nine dollars and fifty-seven cents ($9.57) per month for each ERU.

 

Subsection 4101.1 is amended by adding new paragraphs 4101.1(c), (d), and (e) to read as follows:

 

(c)        The retail groundwater sewer charge for an unimproved real property under construction shall be two dollars and thirty-three cents ($2.33) per CCF (one hundred cubic feet (1 CCF) equals seven hundred forty-eight and five hundredths gallons (748.05 gals.)) for groundwater discharged into the District’s wastewater sewer system;

 

(d)       The retail cooling water sewer charge for residential and non-residential customers shall be the retail sanitary sewer service rate set forth in section 4101.1(a) for cooling water discharged into the District’s wastewater sewer system; and

 

(e)        The retail non-potable water source sewer charge for residential and non-residential customers shall be the retail sanitary sewer service rate set forth in section 4101.1(a) for non-potable water discharged into the District’s wastewater sewer system.

 

Subsection, 4101.5 is amended to read as follows:

 

4101.5             Impervious Only Properties are defined and subject to the follow requirements:

 

(a)                Impervious Only Properties are properties that do not currently have metered water/sewer service (for example, parking lots) and may require the creation of new accounts; and

 

(b)               Effective October 1, 2012, Impervious Only Properties shall be billed as follows:

 

(1)               Impervious Only Properties with three (3) or more ERU’s shall be billed monthly;

 

(2)               Impervious Only Properties with less than three (3) ERU’s shall be billed every six (6) months; and

 

(3)               Customers who are billed for more than one (1) property and who participate in District of Columbia Water and Sewer Authority’s group billing program shall be billed monthly for all properties.

 

Section 4103, FIRE PROTECTION SERVICE FEE, of Chapter 41, RETAIL WATER AND SEWER RATES, of Title 21, WATER AND SANITATION, of the DCMR is amended as follows:

 

4103                FIRE PROTECTION SERVICE FEE

 

4103.1             The charge to the District of Columbia for fire protection service, including, but not limited to, the delivery of water for firefighting, the cost of maintaining and upgrading public fire hydrants in the District of Columbia, and the cost of conducting fire hydrant inspections performed by the D.C. Fire and Emergency Medical Services Department shall be seven hundred and forty-eight dollars ($748.00) per public fire hydrant, per year, effective October 1, 2012. The fee may be examined at least once every three (3) 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.

 

Chapter 41, RETAIL WATER AND SEWER RATES, of Title 21, WATER AND SANITATION, of the DCMR is amended by adding a new Section 4199 to read as follows:

 

4199                DEFINITIONS

 

4199.1             When used in this chapter, the following words and phrases shall have the meanings ascribed:

 

Cooling Water – water used as a heat conductor in cooling towers.

 

Non-Potable Water Source – water from a source or sources including, but not limited to, surface water or trucked water, but excluding water from the District’s water distribution supply system, groundwater, or cooling water.

 

Section 112, FEES, of Chapter 1, WATER SUPPLY, of Title 21, WATER AND SANITATION, of the DCMR is amended as follows:

 

Subsection 112.6 is amended to read as follows:

 

112.6               Pretreatment fees shall be as follows:

 

Pretreatment

 

Waste Hauling - Annual Fee per Vehicle
Vehicles 0 - 49 gallons	$160.00
Vehicles 50 - 799 gallons	$2,265.00
Vehicles 800 - 1,499 gallons	$6,170.00
Vehicles 1,500 gallons or more	$14,640.00
Industrial User Permitting Fee
Permit Initial Fee	$2,000.00
Permit Renewal Fee	$600.00
Industrial User Annual Compliance Fees
Significant or Non-Significant Categorical Industrial User
1 Outfall	$2,500.00
2 or more Outfalls	$3,500.00
Significant Non-Categorical Industrial User
1 Outfall	$2,500.00
2 or more Outfalls	$3,500.00
Non-Significant Non-Categorical User
1 Outfall	$550.00
2 or more Outfalls	$700.00

 

Subsection 112.8 is amended to read as follows:

 

112.8               RIGHT OF WAY OCCUPANCY FEE PASS THROUGH CHARGE/PILOT FEE - Effective October 1, 2012, 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-four cents ($0.64) for each one hundred cubic feet (1 CCF) (or the equivalent of eighty-six cents ($0.86) for each one thousand gallons (1,000 gals.) (one hundred cubic feet (1 CCF) equals seven hundred forty-eight and five hundredths gallons (748.05 gals.)) to sixty-six cents ($0.66) for each one hundred cubic feet (1 CCF) (or the equivalent of eighty-eight cents ($0.88) for each one thousand gallons (1,000 gals.)) 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 fifteen cents ($0.15) per CCF or (or the equivalent of twenty cents ($0.20) per one thousand gallons (1,000 gals.)) of water used to:

 

(1)               Residential Customers: sixteen cents ($0.16) per CCF (or the equivalent of twenty-one cents ($0.21) per one thousand gallons (1,000 gals.)) of water used; and

 

(2)               Non-Residential Customers: sixteen cents ($0.16) per CCF (or the equivalent of twenty-one cents ($0.21) per one thousand gallons (1,000 gals.)) 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-six cents ($0.66) per one thousand gallons (1,000 gals.)) of water used to:

 

(1)               Residential Customers: fifty cents ($0.50) per CCF (or the equivalent of sixty-seven cents ($0.67) per one thousand gallons (1,000 gals.)) of water used; and

 

(2)               Non-Residential Customers: fifty cents ($0.50) per CCF (or the equivalent of sixty-seven cents ($0.67) per one thousand gallons (1,000 gals.)) of water used.