4484618 Amend Chapter 41 to add Sections 4105 to 4109 - Clean Rivers IAC Incentive Discount Program, and Amend 4199 - Definitions

DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY

 

NOTICE OF FINAL 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) (2010 Repl.) and D.C. Official Code §§ 34-2202.16 (2010 Repl.)); 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, (Retail Ratemaking), of Title 21, (Water and Sanitation), of the District of Columbia Municipal Regulations (DCMR), hereby gives notice that at its regularly scheduled meeting on July 3, 2013, took final action through adoption of Board Resolution #13-80 to amend Chapter 41, (Retail Water and Sewer Rates), of Title 21, (Water and Sanitation), of the DCMR by adding new Sections 4105 to 4109 and amending Section 4199, (Definitions).

 

Pursuant to Board Resolution #13-44, DC Water’s proposed rulemaking was published in the D.C. Register on May 3, 2013 at 60 DCR 6513.  Further, a notice of public hearing was published in the D.C. Register on March 22, 2013 at 60 DCR 4194, and a public hearing was held on May 8, 2013.  The record of the public hearing remained open until June 8, 2013, to receive written comments on the proposed rulemaking.  DC Water also conducted eight (8) town hall meetings and three (3) community meetings from March 1, 2013 through April 30, 2013 to receive comments on the proposed rulemaking.  On June 25, 2013, the Retail Water and Sewer Rates Committee met to consider the comments offered at the May 8, 2013 public hearing and during the public comment period.

 

On July 3, 2013, the Board, through Resolution #13-80, after consideration of all comments received and the report of the Retail Water and Sewer Rates Committee, voted to amend the DCMR to publish a notice of final rulemaking to implement the DC Clean Rivers Impervious Surface Area Charge Incentive Discount Program.

 

No changes were made to the substance of the proposed regulations.  Section 4106.4 was amended to reiterate that the IAC Incentive Discounts provided by the program are “subject to the availability of funds and maximum budget limits established by DC Water’s budget appropriations.”

 

This final rulemaking will become effective October 1, 2013.

 

Title 21, WATER AND SANITATION, Chapter 41, Retail Water and Sewer Rates of the DCMR is amended by adding Sections 4105 through 4109, as follows:

 

4105                District of Columbia Clean Rivers Impervious Surface Area Charge Incentive discount Program: PURPOSE

 

4105.1             The purposes of Sections 4105 through 4109 are to:

 

(a)                Implement the District of Columbia Clean Rivers Impervious Surface Area Charge Incentive Program;

 

(b)               Provide an incentive for the installation of eligible best management practices that reduce the amount of stormwater runoff from a property, as determined by the District Department of the Environment (DDOE); and

 

(c)        Comply with the requirements of the Water and Sewer Authority Equitable Ratemaking Amendment Act of 2008, effective March 25, 2009 (D.C. Law 17-370; D.C. Official Code § 34-2202.16a. (2010 Repl.)).

 

4106                District of Columbia Clean Rivers Impervious Surface Area Charge Incentive discount Program: ELIGIBILITY

 

4106.1             Each DC Water customer that is billed for the Clean Rivers Impervious Surface Area Charge (IAC) pursuant to Section 4101 of this chapter shall be eligible to receive a DC Clean Rivers Impervious Surface Area Charge Incentive (IAC Incentive) Discount as provided in Sections 4105 through 4109 of this chapter.

 

4106.2             The IAC Incentive Discounts are subject to the availability of funds and maximum budget limits established by DC Water’s budget appropriations.

 

4106.3             DC Water shall apply an IAC Incentive Discount towards a customer’s bill based on DDOE’s approval of a stormwater fee discount for the customer’s property.

 

4106.4             A customer shall receive an IAC Incentive Discount beginning on the effective date of this section after DC Water receives DDOE’s storm water fee discount approval for that property, subject to the availability of funds and maximum budget limits established by DC Water’s budget appropriations.   

 

4106.5             The IAC Incentive Discount shall be retroactive to the effective date of these rules, or the date from which DDOE calculates a stormwater fee discount, whichever is later.

 

4106.6             The IAC Incentive Discount shall not be retroactive to the original installation date of the DDOE approved stormwater Best Management Practice (BMP).

 

4106.7             DC Water shall calculate the IAC Incentive Discount to be applied towards a customer’s IAC:

 

(a)                As a recurring discount to the IAC billed pursuant to § 4101 of this chapter;

 

(b)               Beginning, the billing period that follows DC Water receipt and processing of DDOE’s stormwater fee discount approval.  For customers billed on a semi-annual basis, the discount will appear on their next bill normally in March and September; and

 

(c)                 Ending, under the criteria provided in § 4106.9 of this chapter.

 

4106.8             A DC Water customer shall, in order to receive an IAC Incentive Discount:

 

(a)        Be current on all DC Water billed payments; and

 

(b)        Satisfy all DDOE requirements to receive a stormwater fee discount.

 

4106.9             The IAC Incentive Discount shall expire on the first of:

 

(a)                The expiration of DDOE’s approved stormwater fee discount period provided in Chapter 5 of this title;

 

(b)               DDOE’s revocation of the stormwater fee discount;

 

(c)                The sale or transfer of the property to a new owner; or

 

(d)               Three (3) years after the effective date of this section.

 

4107                DISTRICT OF COLUMBIA CLEAN RIVERS IMPERVIOUS SURFACE AREA CHARGE INCENTIVE DISCOUNT PROGRAM: DISCOUNT CALCULATION

 

4107.1             The IAC Incentive Discount shall not exceed the maximum allowable IAC Incentive Discount percentage, which shall be four percent (4%) of the otherwise chargeable Clean Rivers Impervious Area Charge in the first year of the IAC Discount program, which may change in subsequent years subject to DC Water’s budget appropriations. 

 

4107.2             The maximum allowable IAC Incentive Discount percentage is subject to change annually based on DC Water’s budget appropriations.

 

4107.3             The IAC Incentive Discount shall be calculated as follows:

 

(a)                DDOE will send DC Water the DDOE approved maximum volume of stormwater runoff retained (in Equivalent Residential Units (ERUs)) by an approved and eligible BMP(s) during a one and two tenths inch (1.2 in.) rainfall event;

 

(b)               Multiply the number of ERUs of step “(a)”  by the maximum allowable discount percentage; and

 

(c)                Multiply the step “(b)” result by the IAC per ERU specified in § 4101 of this chapter.

 

4107.4             The calculated IAC Incentive Discount shall be applied to each Clean Rivers Impervious Area Charge billed.

 

4107.5             The IAC Incentive Discount will appear on the customer’s DC Water bill beginning with the billing period that follows DC Water’s receipt and processing of DDOE’s approved maximum volume of stormwater runoff retained (in ERUs).  For customers billed on a semi-annual basis, the discount will appear on their next bill, which is normally in March and September.

 

4108                DISTRICT OF COLUMBIA CLEAN RIVERS IMPERVIOUS SURFACE AREA CHARGE INCENTIVE DISCOUNT PROGRAM: dISCOUNT Reduction

 

4108.1             If DDOE determines that a customer’s stormwater fee discount shall be reduced, DC Water shall reduce the IAC Incentive Discount proportionately upon receipt of DDOE’s decision to reduce the stormwater retention value expressed in ERUs for the property.

 

4109                DISTRICT OF COLUMBIA CLEAN RIVERS IMPERVIOUS SURFACE AREA CHARGE INCENTIVE DISCOUNT PROGRAM: ADMINISTRATIVE APPEALS AND JUDICIAL REVIEW

 

4109.1             Any appeals related to a DDOE action regarding BMP application review or approval, eligibility, and stormwater retention volume calculations shall be taken in accordance with Section 563 of this title.

 

4109.2             Appeals of DC Water actions regarding the IAC Incentive Discount shall be taken in accordance with Chapter 4 of this title.

 

Section 4199, DEFINITIONS, is amended to add the following definitions, and these additional definitions shall be inserted in the correct alphabetical order:

 

DC Water - the District of Columbia Water and Sewer Authority.

 

DDOE - the District Department of the Environment.

 

Best Management Practice (BMP) - Structural or nonstructural practice that minimizes the impact of stormwater runoff on receiving waterbodies and other environmental resources, especially by reducing runoff volume and the pollutant loads carried in that runoff.