§ 34–2401.01. Mayor to have power to erect water mains, pipes, and fireplugs.
The Mayor of the District of Columbia shall have the power to lay water mains and water pipes and to erect fireplugs and hydrants wherever the same may be in his judgment necessary for the public safety, comfort, or health.
§ 34–2401.02. Operations of Water Department to be under direction of Engineer’s Office.
The operations of the Water Department of the District of Columbia shall be under the direction of the Engineer’s Office of the District, subject to the control of the Mayor of the District of Columbia.
§ 34–2401.03. Water supply; rules and regulations.
Full power is given to the Mayor of the District of Columbia to supply the inhabitants of the District with the Potomac water from the aqueduct mains or pipes laid in the streets and avenues by the United States; and to the Council of the District of Columbia to make all laws and regulations for the proper distribution of the same, subject to the provisions of this chapter, and to the control of the Chief of Engineers, as provided in § 51 [revised; see now 40 U.S.C. § 9502 ] of Title 40, United States Code. The supply of Potomac water may be extended to points in the District beyond the limits of Washington upon like terms and conditions as are provided by law for the supply of the same in that city.
§ 34–2401.04. Fiscal year of Water Department.
The fiscal year of the Water Department of the District of Columbia shall conform to the regular fiscal year of the general government; the rates shall be levied and collected at least once every 12 months, or whenever practicable in the judgment of the Council of the District of Columbia, at least once every 6 months.
§ 34–2401.05. Payment of rates for water and water service.
All rates for water and water service hereby established shall be payable at least once semiannually. When the computation of the amount of any bill for any of such services results in a fraction of one-half cent or more, the next highest amount not containing a fraction shall be charged.
§ 34–2401.06. Change of ownership or occupancy; statement of account.
(a) Any person who desires a statement of the account of any water and sanitary sewer service charge to the date of the acquisition of any real property shall make a written request to the Department of Public Works (“Department”) on or before the date of the acquisition, except that the Mayor may enforce payment of water and sewer service charges by shutting off the water supply or refusing to restore the water supply without regard to a change of ownership or occupancy of any real property. The Department shall issue a statement of the account within 30 days after receipt of the request for a statement of the account.
(b) The Mayor, with prior written notice to the owner of the date and time of entry, and consistent with constitutional guidelines, may enter any building, establishment, or other premises furnished water or sanitary sewer service. If the Mayor is unable to gain entry to the real property after 2 attempts, the Mayor shall notify the owner or occupant to contact the Department within 3 business days after notice is mailed to the owner. If the owner or occupant fails to contact the Department, it shall be presumed that the owner or occupant refuses to permit entry to the property and the Mayor may impose a penalty of $100 and shut off the water supply to the real property. Upon the payment of the penalty or issuance of a final decision where the owner files a request for administrative review, the Mayor shall restore the water supply.
§ 34–2401.07. Water main taxes and rents to be uniform.
Water main taxes and water rents shall be uniform in said District.
§ 34–2401.08. Department of Environmental Services.
The Department of Environmental Services shall perform such duties connected with the Water Department of the District as may be proper and necessary, under the direction of the Mayor of the District of Columbia. He shall give bonds for the faithful performance of his duty in the sum of $10,000.
§ 34–2401.09. Refund of overpaid assessments.
In all cases where a water main has heretofore been or may hereafter be laid in a public street or way, and in order to secure the laying of such main the cost or a part thereof has been paid to the District of Columbia prior to the laying of said main by any person or corporation, there shall be repaid from time to time to such person or corporation, out of the collections from the assessment for such main, all of the amounts so paid over and above the assessment chargeable against the land owned or controlled by said person or corporation.
§ 34–2401.10. Water rents — Refund for erroneous payment.
The Mayor of the District of Columbia is hereby authorized to cause all water rents erroneously paid after March 3, 1905, in the District of Columbia to be refunded in the manner prescribed by law for the refunding of erroneously paid taxes; provided, that application for refund shall be made within 2 years after such erroneous payment. And after March 3, 1905, the said Mayor is authorized to cause to be refunded in the same manner and subject to the same limitations all money paid for water for any special purpose where the project is abandoned and the water not used, and for tapping water mains and for furnishing stopcock where the service is not rendered and the material is not furnished; and all money refunded under this section shall be paid from and charged to the water fund.
§ 34–2401.11. Mayor to have authority to collect water rates in advance.
The Mayor of the District of Columbia has authority to provide for the collection of water rates, in advance or otherwise, from the owner or occupants of all buildings or establishments using the water; and to provide for stopping the supply of water to any dwelling or establishment upon a failure to pay the rate, and to carry into full effect the provisions of this chapter.
§ 34–2401.12. Water rates not to be a source of revenue.
The water rates levied in the District of Columbia shall never be a source of revenue other than as a means of keeping up to said District a supply of water but shall constitute a fund exclusively for the maintenance, management, and repair of the system of water distribution.
§ 34–2401.13. Payment of water tax into General Fund. [Repealed]
Repealed.
§ 34–2401.14. Payment of water rents from Washington Aqueduct into General Fund.
All water rents derived from the Washington Aqueduct shall be paid into the General Fund of the District of Columbia as established by the Revenue Funds Availability Act of 1975 [D.C. Law 1-42].
§ 34–2401.15. Water not to be diverted beyond District.
Except as provided in §§ 34-2401.16 and 34-2401.17 no portion of the water conveyed or to be conveyed through or by means of the Washington Aqueduct, or any appurtenance thereof, shall be diverted to the supply or use of any building, premises or establishment located outside of the limits of the District of Columbia.
§ 34–2401.16. Delivery of water — Nearby Maryland; contract.
For the protection of the health of the residents of the District of Columbia and the employees of the United States government residing in Maryland near the District of Columbia boundary, the Mayor of the District of Columbia, upon the request of the Washington Suburban Sanitary Commission, a body corporate, established by Chapter 313 of the Acts of 1916 of the State of Maryland, or upon the request of its legally appointed successor, is authorized to deliver water from the water supply system of the District of Columbia to said Washington Suburban Sanitary Commission or its successor for distribution to territory in Maryland within the Washington Suburban Sanitary District as designated in the aforesaid act, or any amendment thereto, and to connect District of Columbia water mains with water mains in the state of Maryland at such points at or near the District of Columbia line as may be agreed upon from time to time by the Mayor of the District of Columbia and the Washington Suburban Sanitary Commission, under the conditions hereinafter named, namely:
(1) That before such connections shall be made the said Washington Suburban Sanitary Commission or its legally appointed successor shall secure authority from the legislature of the State of Maryland to enter into an agreement with the said Mayor of the District of Columbia outlining the conditions under which the service is to be rendered.
(2) The agreement between the Mayor of the District of Columbia and the said Washington Suburban Sanitary Commission or its legally appointed successor shall provide, among other things:
(A) That the meters on each of said connections shall be located within the District of Columbia and shall remain under the jurisdiction of the Mayor of the District of Columbia;
(B) The rates at which water will be furnished, said rates to be based on the actual cost to the United States and the District of Columbia of delivering water to the points designated above, including an interest charge at 4% per annum and the cost of any payment required by § 113 of the Omnibus Budget Support Act of 1992 [D.C. Law 9-145] and a suitable allowance for depreciation;
(C) That payments for water so furnished shall be made through the Collector of Taxes of the District of Columbia at such times as the Mayor of the District of Columbia may direct, said payments to be deposited in the Treasury of the United States as other water rents collected in the District of Columbia are deposited;
(D) That at no time shall the amount of water furnished the said Washington Suburban Sanitary Commission or its successor exceed the amount that can be spared without jeopardizing the interests of the United States or of the District of Columbia;
(E) That the Mayor of the District of Columbia shall have at all times the right to investigate the distribution system in Maryland, and if, in his opinion, there is a wastage of water he shall have the right to curtail the supply to said sanitary district to the amount of such wastage.
§ 34–2401.17. Delivery of water — Arlington County, Virginia.
The Secretary of the Army is hereby authorized, in his discretion and subject to the approval of the Chief of Engineers, upon the request of the board of supervisors of Arlington County, Virginia, to permit the delivery of water from the federal water supply pumping station at the Dalecarlia Reservoir to the Arlington County sanitary district, created by an act of the General Assembly of the State of Virginia, of March 15, 1922, and to connect the force main of said pumping station with the water main in Arlington County at the southerly end of the Chain Bridge; provided, that all expenses of installing said connection and its appurtenances and any subsequent changes therein shall be borne by said Arlington County, which shall pay such charges for the use of such water as may be determined from time to time in advance by the Secretary of the Army, the payments to be made at such time and under such regulations as the Secretary of the Army may prescribe, all payments for the use of water to be deposited in the Treasury of the United States as other water rents collected in the District of Columbia are deposited; and provided further, that the Secretary of the Army may revoke at any time any permit for the use of said water that may have been granted.
§ 34–2401.18. “Mayor,” “District of Columbia water system” defined.
As used in § 34-2401.17, unless the context otherwise requires:
(1) “Mayor” means the Mayor of the District of Columbia.
(2) “District of Columbia water system” or “water system” means any and all of the facilities used or to be used for the supply of raw or partly purified water wherever situated and all of the facilities used or to be used for the distribution of purified water situated within the District of Columbia which are operated by the Department of Environmental Services or the Washington Aqueduct Division of the Washington District of the Corps of Engineers, Department of the Army, or both.
§ 34–2401.19. Acquisition of land and right-of-way for pipelines.
The Secretary of the Army is hereby authorized to acquire by purchase or condemnation all necessary lands, easements, and rights-of-way for pipelines within the District of Columbia to connect the force main of said pumping station with the water main in Arlington County as herein authorized.
§ 34–2401.20. Unlawful tapping of water pipe; penalty.
The unlawful tapping of any water pipe laid down in the District by authority of the United States is a misdemeanor and an indictable offense; and any person convicted of such offense in the criminal court of the District shall be subject to a fine not exceeding $500, or to imprisonment for a term not exceeding 1 year.
§ 34–2401.21. Notification of violations.
It is the special duty of the Chief of Engineers to bring to the notice of the United States Attorney for the District of Columbia, or to the grand jury, any infraction of § 34-2401.20.
§ 34–2401.22. Penalty for damaging or defacing water pipes.
Every person who maliciously breaks, injures, defaces, or destroys any main or pipe, bend, branch, valve, hydrant, service pipe, or any other fixture used for the distribution of water throughout the streets and avenues, or for its introduction into the houses, tenements, or buildings of the District of Columbia, shall be punishable by imprisonment in the District jail for not more than 2 years.
§ 34–2401.23. Main pipes; laying for use of public buildings.
No greater number of main pipes of the Washington Aqueduct shall be laid at the expense of the United States than are sufficient to furnish the public buildings, offices, and grounds with the necessary supply of water. The cost of any main pipe, for the supply of water to the inhabitants of Washington, must be paid by the District of Columbia, in the manner provided by law.
§ 34–2401.24. Unauthorized opening of mains or pipes.
No person, unless by consent of the Chief of Engineers, shall tap or open the mains or pipes laid or hereafter to be laid by the United States, under a penalty of not less than $50 nor more than $500.
§ 34–2401.25. Water and water service supplied for the use of the government of the United States.
(a) All water and water services furnished from the District water supply system through any connection thereto for direct use by the government of the United States or any department, independent establishment, or agency thereof, situated in the District, except water and water services furnished to the United States for the maintenance, operation, and extension of the water system, shall be paid for at the rates for the furnishing and readiness to furnish water applicable to other water consumers in the District. All water and water services furnished from the District water supply system through any connection thereto for direct use by the government of the United States or any department, independent establishment, or agency thereof, situated outside the District in the States of Maryland or Virginia, except water and water services furnished to the United States for the maintenance, operation, and extension of the water system, shall be paid for at rates comparable to those which may be in effect and charged to state, municipal, or county agencies or other political authorities or jurisdictions within the respective states wherein said federal facilities may be situated for similar water service from the District water supply system; provided, that conditions as to water pressure, quantity, rates of demand, and points of connection available or permissible at any time for service outside the District, if any, shall be fixed by the Mayor of the District of Columbia so as to fully protect the prior interests of water consumers within the District; provided further, that as a condition of service, at each point of federal connection to the water system of the District for service outside the District there shall be installed and maintained at the expense of the department, independent establishment, or agency of the United States which is to use water therefrom a suitable meter or meters and incidental vaults, valves, piping and recording devices, and such other equipment as the Mayor in his discretion deems necessary to control and record the use of water through each such connection. As an additional condition of service, the department, agency, or establishment which is responsible for the maintenance of any such meter shall provide the Mayor (acting through the District of Columbia Water and Sewer Authority) with such access to the meter as the Mayor may require to measure the actual usage of the department, agency, or establishment (including any entity under the jurisdiction of the department, agency, or establishment) for purposes of making the adjustments to annual estimates required under § 34-2401.25a(1). Payment shall be made as provided in subsection (b) of this section.
(b)(1) Beginning in the second quarter of fiscal year 1990, the government of the District of Columbia shall receive payment for water services from funds appropriated or otherwise available to the Federal departments, independent establishments, or agencies. In accordance with the provisions of paragraphs (2) and (3) of this subsection, one-fourth (25 percent) of the annual estimate prepared by the District government shall be paid, not later than the second day of each fiscal quarter, to the District government by the Secretary of the Treasury from funds deposited by said departments, establishments, or agencies in a United States Treasury account entitled “Federal Payment for Water and Sewer Services”. In the absence of sufficient funds in said account, payment shall be made by the Secretary of the Treasury from funds available to the respective user agencies. Payments shall be made to the District government by the Secretary of the Treasury without further justification, and shall be equal to one-fourth (25 percent) of the annual estimate prepared by the District government pursuant to paragraph (2) of this subsection.
(2) By April 15 of each calendar year the District shall provide the Office of Management and Budget, the Secretary of the Treasury, and the head of each of the respective Federal departments, independent establishments, and agencies, for inclusion in the President’s budget of the respective Federal departments, independent establishments, or agencies, an estimate of the cost of service for the fiscal year commencing October 1st of the following calendar year. The estimate shall provide the total estimated annual cost of such service and an itemized estimate of such costs by Federal department, independent establishment, or agency. The District’s estimates on a yearly basis shall reflect such adjustments as are necessary to
(A) account for actual usage variances from the estimated amounts for the fiscal year ending on September 30th of the calendar year preceding April 15th, and
(B) reflect changes in rates charged for water and sewer services resulting from public laws or rate covenants pursuant to water and sewer revenue bond sales.
(3) Each Federal department, independent establishment, or agency receiving water services in buildings, establishments, or other places shall pay from funds specifically appropriated or otherwise available to it, quarterly and on the first day of each such fiscal quarter, to an account in the United States Treasury entitled “Federal Payment for Water and Sewer Services” an amount equal to one-fourth (25 percent) of the annual estimate for said services as provided for in paragraph (2) of this subsection.
(4) The amount or time period for late payment of water charges involving a building, establishment, or other place owned by the Government of the United States imposed by the District of Columbia shall not be different from those imposed by the District of Columbia on its most favored customer.
(5) Repealed.
(c) Nothing in this section may be construed to require the District of Columbia to seek payment for water services directly from any Federal entity which is under the jurisdiction of a department, independent establishment, or agency which is required to make a payment for such services under this section, or to allocate any amounts charged for such services among the entities which are under the jurisdiction of any such department, independent establishment, or agency. Each Federal department, independent establishment, and agency receiving water from the District of Columbia shall be responsible for allocating billings for such services among entities under the jurisdiction of the department, establishment, or agency, and shall be responsible for collecting amounts from such entities for any payments made to the District of Columbia under this section.
(d) In the case of water services provided to a department, independent establishment, or agency in Virginia through the Federally owned water main system, if the total of the metered amounts billed for all individual users of the system (as measured by the meters for each individual user) is less than the total amount as measured by the meters at the delivery points into the system at the Francis Scott Key Bridge, the District government shall collect, and the Secretary of Defense shall pay, the difference to the District government in accordance with the requirements for collecting and making payments under this section.
§ 34–2401.25a. Permitting authority to install meters.
If a department, independent establishment, or agency of the United States which uses water and water services from the District of Columbia water supply system has not installed a suitable meter at each point of Federal connection to the system to control and record the use of water through each such connection (as required under § 34-2401.25(a)) as of the expiration of the 60-day period which begins on December 21, 2001:
(1) The District of Columbia Water and Sewer Authority shall install such a meter or meters (and incidental vaults, valves, piping and recording devices, and such other equipment as the Authority deems necessary) not later than 60 days after the expiration of such period; and
(2) The department, independent establishment, or agency shall pay the Authority promptly (but in no case later than 30 days after the Authority submits a bill) for the costs incurred in installing the meter and equipment.
§ 34–2401.26. Contract authority of Mayor regarding costs of Potomac River reservoir; contract payments; appropriations.
(a) The Mayor is authorized to contract with the United States, any state in the Potomac River basin, any agency or political subdivision thereof, and any other competent state or local authority, with respect to the payment by the District to the United States, either directly or indirectly, of the District’s equitable share of any part or parts of the non-federal portion of the costs of any reservoirs authorized by the Congress for construction on the Potomac River or any of its tributaries. Every such contract may contain such provisions as the Mayor may deem necessary or appropriate.
(b) Unless hereafter otherwise provided by legislation enacted by the Council, all payments made by the District and all moneys received by the District pursuant to any contract made under the authority of this Act shall be paid from, or be deposited in, a fund designated by the Mayor. Charges for water delivered from the District water system for use outside the District may be adjusted to reflect the portions of any payments made by the District under contracts authorized by this Act which are equitably attributable to such use outside the District.
(c) There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this section.
§ 34–2401.27. Acquisition of land for Washington Aqueduct.
Appropriations are hereby authorized for the acquisition, by gift, dedication, exchange, purchase, or condemnation, of land or rights in or on land or easements therein for the Washington Aqueduct by the Chief of Engineers, Corps of Engineers, United States Army, or his designated agents.
Subchapter II. Prevention of Water Waste; Water Use by Manufacturers.
§ 34–2403.01. Prevention of water waste.
In order to prevent unnecessary waste of Potomac water, and in order to more fully enforce the laws in relation to the distribution of the same, the Chief of Engineers is authorized, after giving notice, to shut off the water when such notice shall be disregarded from any places where a waste of water is occurring.
§ 34–2403.02. Use of Potomac water for mechanical and manufacturing purposes.
The use of Potomac water for mechanical and manufacturing purposes, or for private fountains, street and pavement washers, shall be allowed only when, in the opinion of the Chief of Engineers, it will not be detrimental to the general distribution of water in the District of Columbia.
§ 34–2403.03. Large-quantity consumers to maintain water meters.
(a) The supply of water to all manufacturing establishments, hotels, livery stables, and other commercial buildings, shall be determined by meters erected and maintained at the expense of the consumer.
(b) The bill for water meter service, including a charge for any repair made by the District, shall be due and payable when rendered. The Mayor shall impose a one-time charge of 10% for any water meter service charge that remains unpaid for more than 30 days and a penalty of 1% per month compounded monthly for any water meter repair service that remains unpaid for more than 60 days from the date the bill is rendered.
(c) In accordance with § 34-2407.02, the Mayor shall impose and enforce a continuing lien upon land and land improvements that are furnished water meter services if any charges remain unpaid for more than 60 days from the date the bill for services is rendered.
(d) The Mayor, with prior written notice to the owner of the date and time of entry, and consistent with constitutional guidelines, may enter any building, establishment, or other premises to inspect, install, replace, read, or repair any water meter required to be installed pursuant to the Public Works Act. If the Mayor is unable to gain entry to the real property after 2 attempts, the Mayor shall notify the owner or occupant to contact the Department within 3 business days after notice is mailed to the owner. If the owner or occupant fails to contact the Department, it shall be presumed that the owner refuses to permit entry to the property and the Mayor may impose a penalty of $100 and shut off the water supply to the real property. Upon the payment of the penalty or issuance of a final decision where the owner files a request for administrative review, the Mayor may restore the water supply.
Subchapter III. Water Mains.
§ 34–2405.01. Water mains and service sewers erected at discretion of Mayor; costs assessed against abutting property.
The Mayor of the District of Columbia is authorized and directed, whenever in his judgment the same may be necessary for the public safety, health, comfort, or convenience, to construct water mains and service sewers in any street, avenue, road, or alley in the District of Columbia; and the Assessor of said District shall levy assessments for the same against abutting property in the amount and manner hereinafter prescribed.
§ 34–2405.02. Assessments for water mains.
For laying or constructing water mains in the District of Columbia assessments shall be levied at the rate of $3 per linear front foot against all lots or land abutting upon that part of the street, avenue, road, or alley in which a water main shall be laid, and that for laying or constructing service sewers in the District of Columbia assessments shall be levied at the rate of $4 per linear front foot against all lots or land abutting upon that part of the street, avenue, road, or alley in which a sewer shall be laid; provided, that assessments for water mains and service sewers in the case of lots or parcels of land not more than 100 feet in depth shall be levied upon the fronts or rears of such lots or parcels of land, and not upon both the fronts and rears of such lots or parcels of land; but lots or parcels of land more than 100 feet in depth, except corner lots, shall be assessed upon both their fronts and rears when water mains or service sewers are laid abutting the same; provided, that corner lots shall be assessed for water mains and service sewers only on their short fronts with a depth of not exceeding 100 feet; any excess of the other front over 100 feet shall be subject to assessment, as hereinbefore provided; provided, that the areas of all lots or parcels of land which have been assessed for water mains by the square foot under any previous act of Congress, or of the late legislative assembly of the District of Columbia, shall not be again assessed for water mains; provided further, that when the Mayor of the District of Columbia shall deem it advantageous to lay water mains or service sewers on each side of any street, avenue, road, or alley assessments shall be levied at the rate, within the time and in the manner in this section provided for, against the lots abutting the side of the street, avenue, road, or alley in which the water main or service sewer is laid.
§ 34–2405.03. Notice of assessments.
The Assessor of the District of Columbia shall give notices as herein provided of the levying of assessments for water mains and service sewers. Assessments shall be levied within 60 days after the completion of the main or service sewer, and the owner or owners affected by such assessments shall be notified that the same have been levied by a notice which shall be served upon the owner of the lot or parcel of land if he or she be a resident of the District of Columbia, and his or her residence be known. If the owner be a nonresident or his or her residence be unknown, the notice shall be served on his or her agent or tenant. The service of such notice, where the owner or his or her agent or tenant resides in the District of Columbia, shall be personal or by leaving the same with some person of suitable age, either a member of his family or in his employ, at the residence or place of business of such owner, agent, or tenant; and return of such service, stating the manner thereof, shall be made in writing under oath and filed in the office of the Assessor of the District of Columbia. If there be no agent or tenant known to said Assessor, and the owner or owners be not residents of the District of Columbia, or if the owner be a resident of the District of Columbia and cannot be found therein, and no person of suitable age as aforesaid can be found at his or her residence or place of business, notice shall be given by advertisement once a week for 3 successive weeks in some daily newspaper published in said District, and in said publication of said notice each several piece of property shall be described in a separate paragraph, and the cost of such advertisement shall be added to the amount of said assessment and collected in the same manner that said assessment is collected.
§ 34–2405.04. Water main and service sewer assessments payable in three installments.
Assessments for water mains and service sewers shall be payable in 3 equal installments, the 1st of which shall be due and payable without interest within 30 days from date of service of notice or of the last publication of notice as the case may be, the second within 1 year, and the third within 2 years from the date of assessment, and interest at the rate of 6% per annum shall be charged on all amounts which shall remain unpaid at the expiration of 30 days from the date of service of notice or last publication as the case may be; but the owner of the property assessed may, at his option, at any time after the levying of such assessment, pay the same in full; provided, that if any installment of any assessment for water main or service sewer levied under the provisions of this subchapter shall not be paid when due and payable the property against which said assessment was levied may be sold for said delinquent installment at the next ensuing annual tax sale in the same manner and under the same conditions as property sold for delinquent general taxes, if said installment shall not have been paid prior to said sale.
§ 34–2405.05. Assessment of property in County of Washington for water mains and service sewers.
Property in the County of Washington, not subdivided into blocks or lots, or both, shall not be assessed for water mains or service sewers until subdivided; provided, that where houses are built on any unsubdivided land and connection is made with a water main or service sewer, assessment shall be made as herein provided for in the case of subdivided property by assessing a frontage of 50 feet on each side of said connection with a depth of 100 feet, except that no double assessment shall be levied; said assessment to be levied within 60 days after said connection is made; and if such unsubdivided land is thereafter subdivided into blocks or lots, such lots shall be assessed as herein provided as to subdivided lands, but the 50 feet on each side of said connection, with a depth of 100 feet, shall not be again assessed; provided further, that assessments at the rate and in the manner herein provided for shall be levied against each lot or parcel of land abutting any water main or service sewer in all subdivisions of land, within 60 days after the recording of such subdivision in the office of the Surveyor of the District of Columbia, except in cases where said lots or parcels of land have been previously assessed for the same main or service sewer.
§ 34–2405.06. Relevying assessments when assessments declared void.
The Assessor of the District of Columbia is hereby authorized and directed in cases where water-main assessments, or assessments for service sewers, may be quashed, canceled, set aside, or declared void by the Superior Court of the District of Columbia, or may otherwise be canceled or set aside, by reason of an imperfect or erroneous description of the lot or parcel of ground against which the same shall have been levied, by reason of such tax or assessment not having been authenticated by the proper officer or by reason of a defective return of service of notice, or for any technical reason other than the right of the authorities of the District of Columbia to levy assessment or lay the main or service sewer in respect of which assessment was levied, to relevy such assessment at the rate and in the manner provided for in this subchapter; provided, that such reassessment shall be made within 60 days from date of such cancellation.
§ 34–2405.07. Disposal of funds received by Collector of Taxes.
All sums received by the Collector of Taxes under the provisions of this subchapter on account of assessments levied for the construction of service sewers shall be credited to the appropriation under which the sewer was constructed for the fiscal year in which such sums shall be received.
§ 34–2405.08. “Service sewer” defined.
A service sewer within the meaning of the provisions of this subchapter shall be a sewer with which connection may be directly made for the purpose of providing sewerage facilities to abutting property, and such sewers shall be so indicated on the records of the Sewer Division of the Engineer Department of the District of Columbia.
Subchapter IV. Discontinuance of Service.
§ 34–2407.01. Discontinuance of water service for failure to pay water charges.
(a) The Mayor of the District of Columbia is authorized to provide for the collection of water charges, in advance or otherwise, from the owner or occupant of any building, establishment, or other place furnished water or water service by the District, and to shut off the water supply to any such building, establishment, or other place upon failure of the owner or occupant thereof to pay such water charges within 30 days from the date of rendition of the bill therefor. Such authority to shut off the water supply may be exercised by the Mayor regardless of any change in ownership or occupancy of such building, establishment, or other place. When the water supply to any such building, establishment, or other place has been shut off for failure to pay such water charges, whether the water supply to such building, establishment, or other place was shut off before or after May 18, 1954, the Mayor shall not again supply such building, establishment, or other place with water until all arrears of water charges, together with penalties and the costs actually incurred in shutting off and restoring the water supply, are paid.
(b) If the water supply to any property has been shut off for failure to pay District water and sanitary sewer service charges, and later restored without the express authorization of the Mayor, the Mayor shall impose a fine in an amount not less than 20% of the delinquent charges or more than $100, whichever is greater, upon the owner or occupant of the property, unless the Mayor determines that the owner or occupant did not restore or solicit a person to restore the water.
§ 34–2407.02. Lien for water charges.
(a)(1) Except as provided in subsections (c) and (d) of this section, if an owner of real property fails to pay District water and sanitary sewer service charges in full accordance with § 34-2407.01, for all bills rendered which remain unsatisfied for 60 days or more the Mayor may file a certificate of delinquency with the Recorder of Deeds.
(2) Upon filing, the certificate of delinquency shall constitute a continuing lien against the real property and show the amount of unpaid charges for District water and sanitary sewer services. The continuing lien shall be for the current full amount of the unpaid water and sanitary sewer service charges, penalties, interest, and administrative costs.
(3) The Mayor may enforce the lien if any water and sanitary sewer service charges remain unpaid for more than 180 days from the date the bill is rendered or for more than 15 days after a final decision of an appeal challenging the bill, whichever is later in the same manner that real property tax liens are enforced pursuant to Chapter 13 and Subchapter IV of Chapter 13A of Title 47.
(4) The real property may be sold for the unpaid water and sanitary sewer charges, penalties, interest and administrative costs at a tax sale in accordance with the provisions for the sale of property for delinquent real property taxes pursuant to Chapter 13 of Title 47.
(5) If any real property sold for unpaid water and sanitary sewer service charges is not redeemed by the owner within 180 days from the date of sale, including payment of 2% interest for each month until the property is redeemed, the Mayor shall furnish a deed to the purchaser or holder of the certificate of sale in accordance with § 47-1304.
(6) Proceeds from the sale that represent unpaid water charges shall be credited to the Water and Sewer Enterprise Fund of the District of Columbia as established by § 47-375(g).
(b) A lien for water and sanitary sewer charges shall have priority over any other lien, except a lien for District taxes. The lien for water and sanitary sewer service charges shall remain in effect until the charges set forth in the certificate and any accrued additional charges, interest, penalties, and administrative costs are paid in full. Upon final payment of any delinquent charges, penalties, interest, and administrative costs, the Mayor shall file promptly a certificate of satisfaction with the Recorder of Deeds.
(c) The Mayor may defer or forgive, in whole or in part, any water and sanitary sewer service charges due the District for any qualified real property pursuant to § 6-1503.
(d) The Mayor shall not sell the residence of an owner who occupies a single family home for failure to pay District water and sanitary sewer charges in accordance with subsection (a) of this section.
§ 34–2407.03. Remedies not exclusive.
The remedies set forth in §§ 34-2407.01, 34-2407.02, and 34-2413.10 [repealed] are hereby declared to be cumulative and not exclusive.
Subchapter V. Fireplug Tax.
§ 34–2409.01. Levy permitted.
To aid in the erection, maintenance, and efficiency of fireplugs, a special annual tax may be levied on all buildings in the City of Washington within 500 feet of any main water pipe, into which, or the premises connected therewith, the water has not been introduced, and the owners or occupants of which do not pay any annual water rate in accordance with law.
§ 34–2409.02. Rates.
The fireplug tax shall be levied with reference to the value of the building so taxed, and shall not be more than $5 nor less than $1 per year.
§ 34–2409.03. Cessation upon introduction of water.
Whenever the water is introduced, in conformity with law, into any building or premises, the fireplug tax thereon shall cease.
§ 34–2409.04. Levy upon discontinuance of water service.
Whenever water is discontinued from any building or premises into which it has been introduced, such building shall be subject to the fireplug tax from the date of the discontinuance of the water.
Subchapter V-A. Private Fire Hydrants.
§ 34–2410.01. Definitions.
For the purposes of this subchapter, the term “private fire hydrant” means a hydrant which is not owned by the District of Columbia. The term “private fire hydrant” does not include any private water distribution system connecting the private fire hydrant to the public water system.
§ 34–2410.02. Private fire hydrants.
The Mayor shall not approve any permit or related plan that authorizes the installation of a private fire hydrant without an agreement, to be recorded in the land records of the Recorder of Deeds, establishing the entity or person, and successors thereof, responsible for the maintenance, repair, and replacement of the private fire hydrant in perpetuity.
§ 34–2410.03. Maintenance of private fire hydrants.
(a) The District of Columbia Water and Sewer Authority shall have a right of access to inspect, maintain, repair, or replace any private fire hydrant, including the connected water distribution system, in the District of Columbia.
(b) If the identified owner of a private fire hydrant fails to effect the maintenance, repair, or replacement as required in the notice provided pursuant to § 34-2410.04(c), the District of Columbia Water and Sewer Authority may effect such maintenance, repair, or replacement of the private fire hydrant and the connected water distribution system.
(c) The District of Columbia Water and Sewer Authority shall bill the owner of the private fire hydrant for the cost of the maintenance, repair, or replacement. If the owner fails to pay for the repair, the District of Columbia Water and Sewer Authority shall have the authority to obtain and enforce a lien against the owner of the private fire hydrant in accordance with procedures established by § 34-2407.02.
(d) The District of Columbia Water and Sewer Authority shall keep and maintain records of all inspections, maintenance, repair, and replacement of a private fire hydrant and shall make the records available to the owner of the private fire hydrant upon request. The records shall be kept and maintained for not less than 10 years.
§ 34–2410.04. Inspection of private fire hydrants.
(a) The Mayor and the District of Columbia Water and Sewer Authority shall have a right of access for the inspection of any private fire hydrant in the District of Columbia to determine operational ability and compliance with applicable standards. The Mayor and the District of Columbia Water and Sewer Authority shall designate, through a memorandum of understanding, the agency or authority responsible for the inspection of private fire hydrants (“Inspection Agency”). If such a memorandum of understanding is not executed and in effect, then the Mayor shall be the Inspection Agency for purposes of this subchapter.
(b) The Inspection Agency shall regularly inspect all private fire hydrants in the District of Columbia to determine operational ability and compliance with applicable standards.
(c) Upon determination by the Inspection Agency that a private fire hydrant is in need of maintenance, repair, or replacement, and if ownership has been determined pursuant to § 34-2410.05, the Inspection Agency shall notify:
(1) The Mayor and the District of Columbia Water and Sewer Authority of the status of the private fire hydrant; and
(2) The owner of the private fire hydrant, in writing, of:
(A) The location of the private fire hydrant in need of maintenance, repair, or replacement;
(B) The owner’s responsibility with regard to the maintenance, repair and replacement of the private fire hydrant;
(C) The maintenance, repair, and replacement identified as necessary for the private fire hydrant;
(D) The owner’s responsibility to effect the maintenance, repair, and replacement identified in the notice within a specified period of time, which shall be not less than 60 days of the date on which notice is provided under this section; and
(E) The right of the District of Columbia Water and Sewer Authority to effect the maintenance, repair and replacement of the private fire hydrant and bill the owner as described in § 34-2410.03.
(d) The Inspection Agency shall keep and maintain records of all inspections made of a private fire hydrant and shall make the records available to the owner of the private fire hydrant upon request. The records shall be kept and maintained for not less than 10 years.
§ 34–2410.05. Private fire hydrants: determination of ownership.
(a)(1) The Mayor shall determine the ownership of a private fire hydrant through a title search. The location of a private fire hydrant on the property of a single-family dwelling is insufficient, by itself, for determining ownership under this subsection.
(2) The Mayor shall notify the person identified as the owner of the private fire hydrant, in writing, that the person has been identified as the owner of the private fire hydrant and, as such, is responsible for the maintenance, repair, and replacement of the private fire hydrant.
(b) If the Mayor is unable to establish ownership of a private fire hydrant under subsection (a) of this section, the District shall be responsible for the maintenance, repair, and replacement of the private fire hydrant.
(c) This section shall not apply to private fire hydrants on the property of non-residential institutions, including colleges and universities, or on the property of the federal government or a foreign government.
§ 34–2410.06. Limitations on responsibility for maintenance, repair, and replacement of private fire hydrants.
(a) This subchapter establishes responsibility for the maintenance, repair, and replacement of private fire hydrants that had been permitted prior to October 8, 2009. If this responsibility belongs to the District government, pursuant to this subchapter, the cost to effect the maintenance, repair, or replacement of a the fire hydrant shall be subject to the availability of appropriations.
(b) The responsibility for conducting and notifying owners of the results of a title search, and the inspection, of the private fire hydrants as required by this subchapter, shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan.
Subchapter VI. Delivery of Water.
§ 34–2411.01. Delivery of water — Falls Church, Virginia, and adjacent areas; installation expenses; payments; revocation of permit.
The Secretary of the Army, on the recommendation of the Chief of Engineers, United States Army, and the Mayor of the District of Columbia, is hereby authorized in his discretion, upon request of the City Council of the City of Falls Church, Fairfax County, Virginia, or any other competent state or local authority in the Washington metropolitan area in Virginia, to permit the delivery of water from the District of Columbia water system at the Dalecarlia Filtration Plant, or at other points on said water system to the Falls Church water system for the purpose of supplying water for the use of said City and such adjacent areas as are now or shall hereafter be served by the water system of said City; or to any other competent state or local authority in said metropolitan area in Virginia. The Secretary of the Army is hereby further authorized, in his discretion and upon the recommendation of the Chief of Engineers, and said Mayor, to permit the delivery of such water through the water mains of Arlington County by a connection to Arlington mains at the southerly end of Chain Bridge, or to make connections with the Arlington County water system at 1 or more points along the boundary line of Arlington County; provided, that all expense of installing any such connection or connections or other appurtenances and any subsequent changes therein shall be borne by said City of Falls Church, or such other communities of said metropolitan area requesting such services; provided further, that all payments for water taken directly from the mains of the water supply system of the District of Columbia at the Dalecarlia Filtration Plant, or from other points on said water system, shall be made at such time and in such manner as the Secretary of the Army and said Mayor may prescribe; all such payments to be deposited in the Treasury of the United States as other water rents now collected in the District of Columbia are now deposited, but for water as may be supplied through the water mains of Arlington County, as hereinabove authorized, such payments shall be made by said Arlington County in the same manner as payments for water supplied for the use of said Arlington County; provided further, that payment for water delivered to communities in said metropolitan area from or through the water mains of Arlington County shall be made to said County as may be mutually arranged on an equitable basis and as approved by the Secretary of the Army and said Mayor; and provided further, that the Secretary of the Army, directly or upon the request of the Mayor, may revoke at any time any permit for the use of said water that may have been granted.
§ 34–2411.02. Investigation of distribution systems outside District of Columbia.
The Secretary of the Army, through the Chief of Engineers, shall have the right at all times to investigate the distribution systems of any community outside the District of Columbia supplied with water from the said District of Columbia water system and if, in his opinion, there is an excessive wastage of water, he shall have the right to curtail the supply to said communities to the amount of such wastage.
§ 34–2411.03. Acquiring of lands for pipelines authorized.
The Secretary of the Army or the said Mayor of the District of Columbia is hereby authorized to acquire by purchase or condemnation all necessary lands, easements, and rights-of-way for pipelines within the District of Columbia, needed for the purposes of § 34-2411.01.
