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DC Water and Sewer Authority
Notice of Proposed Rulemaking
DC Register, January 23, 2004

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DISTRICT OF COLUMBIA REGISTER   
JAN 23 2004

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. Code §§ 342202.03(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 DCMR Chapter 40, hereby gives notice of its intention to amend Chapter 41 of the Water and 'Sanitation Regulations to adopt new retail water and sewer rates. 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.

I. Timing of Final Action on Proposed Rulemaking

No final action will be taken on the Rulemaking Proposal described in this notice until after each of the following events has occurred:

  1. A public hearing is held to receive comments on the proposed rulemaking. A hearing date will be determined at a later date, and will be published in the District of Columbia Register.
  2. The public comment period on this rulemaking expires; and
  3. The Board of Directors takes final action after public comments are considered.

II. Rulemaking Proposal

The following rulemaking action is proposed:

Title 21 DCMR, Chapter 41 RETAIL WATER AND SEWER RATES, Section 4100 RATES FOR WATER SERVICE, subsection 4100.3 is amended to read as follows:

CHAPTER 41 RETAIL WATER AND SEWER RATES 

4100 RATES FOR WATER SERVICE

4100.3 The retail rate for metered water service of One Dollar and Seventy-Four Cents ($1.74) for each One Hundred Cubic Feet (100ft3) of water used shall be:

a) Effective October 1, 2004, increased from One Dollar and Seventy - Four Cents ($1.74) for each One Hundred Cubic Feet (100ft3) of water used to One Dollar and Eighty-Three Cents ($1.83) for each One Hundred Cubic Feet (100ft3) of water used;

Title 21 DCMR, Chapter 41 RETAIL WATER AND SEWER RATES, Section 4101 RATES FOR SEWER SERVICE, subsection 4101.1 is amended to read as follows:

4101   RATES FOR SEWER SERVICE

4101.1 The retail rate for sanitary sewer service of Two Dollars and Sixty-Three Cents ($2.63) for each One Hundred Cubic Feet (100ft3) of water used shall be:

a) Effective October 1, 2004, increased from Two Dollars. and Sixty-Three Cents ($2.63) for each One Hundred Cubic Feet (100ft3) of water used, to Two Dollars and Seventy-Six Cents ($2.76) for each One Hundred Cubic Feet (100ft3) of water used.

If the proposed rulemaking is adopted, the rules will replace existing rules adopted by the Board at its meeting of July 3, 2003. 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.

Comments on these proposed rules should be submitted, in writing, no later than thirty (30) days after the date of publication of this notice in the D.C. Register to, Linda R. Manley, Secretary to the Board, District of Columbia Water and Sewer Authority, 5000 Overlook Ave., S.W., Washington, D.C., 20032.

In addition, the Board will also receive comments on these proposed rates and expansion of the lifeline program to tenants at a public hearing to be held at a later date.

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DISTRICT OF COLUMBIA REGISTER
MAR 19 2004

DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY
NOTICE OF PUBLIC HEARING

Thursday, April 1, 2004
6:30 p.m.

Metropolitan Washington Council of Governments
777 North Capital Street, N.E.
Washington, D.C. 20002
First Floor Conference Room

The Board of Directors of the District of Columbia Water and Sewer Authority, in accordance with Section 216 of Water and Sewer Authority Establishment and Department and Public Works Reorganization Act of 1996, effective April 18, 1996 (D.C. Law 11-111; D.C. Code §34-2202.16), will conduct a public hearing at the above-stated date, time, and place, to receive comment on proposed rules, which, if adopted, would establish new rates for retail water and sewer service. The proposed rules are published in the January 23, 2004 edition of the D.C. Register (51 DCR 965).

The Board will also receive comment on proposed rules, which, if adopted, would expand the Customer Assistance Program to tenants. The proposed rules are published in the February 6, 2004 edition of the D.C. Register (51 DCR 1450).

Each individual or representative of an organization who wishes to present testimony at the public hearing is requested to furnish his or her name, address, telephone number and name of organization (if any) by calling 7872330 or by emailing your request to "Lmanley@dcwasa.com" no later than 5:00 p.m., Friday March 26, 2004.

Oral presentations by individuals will be limited to five (5) minutes. Oral presentations made by representatives of an organization will not be longer than ten (10) minutes.

DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY 5000 OVERLOOK AVENUE, S.W. WASHINGTON, D.C. 20032
May 20, 2003

Mr. George Rizzo
Region 3
U.S. Environmental Protection Agency, 3WP22 1650 Arch Street
Philadelphia PA 19103-2029

Subject:   District of Columbia Water and Sewer Authority Lead Service Replacement Program for 2003

Dear Mr. Rizzo

As requested, I am sending you this letter to upstate the Environmental Protection Agency (EPA} on the status of the District of Columbia Water and Sewer Authority's (WASA) Lead Service Replacement Program for 2003

As a result of our recent exceedance of the Action Level for lead, in accordance with EPA regulations, WASA is now required to replace 7 percent of the lead service lines in its wafer distribution system_ A 1990 study evaluated the existence of lead services in the District of Columbia and identitied approximately 28,161 lead services, Since then, approximately 6,000 of these lead services have been replaced. It is estimated that approximately 22,000 lead services remained in the system as of 2002., Currently, WASA is working to refine this lead service inventory. Therefore. The best estimate available at this time as td the number of services that must be replaced to fulfill the EPA Lead/Copper Regulation is 1,540 services (i.e. 22,000 x 7%). For the purposes of this program. it is assumed that WASA with replace 1,600 leas services by the end of 2003.

In order to cost-effectively comply with EPA's directive, WASA is proposing a program of replacement, sampling and testing. Under this program, WASA will:

  • replace approximately 350 lead services' identified as part of currently planned WASA water main replacement projects, and District of Columbia Department of Transportation (DDOT) road reconstruction projects;
  • replace 250 leas) service lines in a-separate Lead Service Replacement Contract; and
  • obtain, sample and test 1.000 lead service. lines to demonstrate that they are below the lead Action Level, which will be considered replaced in accordance with EPA's Lead and Copper Guidance Manual.

Since December 2002, WASA has been working wan the DDOT to incorporate lead service replacements as part of their road reconstruction projects in 2003. On May 1, 2003, WASA awarded a Lead Service Replacement Contract, which includes the replacement of 250 lead services. On March 26. 2003, WASA commencea a lead service line sampling program.

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Exhibit A

To determine which services are included in the WASA Lead Service Replacement Contract and the sampling and testing program, the following methodology was used:

As referenced from the Roy F. Weston, P.E., PC, report titled Lead in Water Study (August 1990). approximately 28,161 service connections were known as leas or need as probable lead in me WASA system. These services were divided into five categories:

  • Replacement Category 4 (one test result >50ppb)
  • Replacement Category 3 (50ppb<one test result>20ppb)
  • Replacement Category 2 (20ppb<one test result>10ppp)
  • Replacement Category 1 (all results <10ppb)
  • Unclassified Group (no test results)

The lead services to be replaced in the Lead Service Replacement Contract are geographically diverse (distributed throughout the District of Columbia), in atreets that are designated by DDOT as "non-moratorium" (i.e., available for non-emergency excavation) and that have the highest number of lead services listed in Replacement Category 4.

For the sampling program. we selected a geographically diverse set of addresses tram the Unclassified Group.

We wilt continue to keep you informed as to the status of WASA's Lead Service Replacement Program for 2003 as follows:

  • We will report monthly to EPA on the lead tap test results from partial replacements as required by regulation.
  • By July 31, 2003 we will provide a report summarizing WASA's efforts to refine our inventory of the location and number of lead services in the system. We will also provide a schedule update for the replacement of 7% of these services.
  • By December 31, 2003 we will provide a final report on the 2003 program, including:
    • The number of services replaced.
    • Documentation regarding services sampled, with sample results that will demonstrate that these meet the criteria to be considered as replaced.

Should you have any questions or comments concerning this program, please teal free to contact me or Curt Cochrane at 202-787-2366.

Sincerely,
Michael S. Marcone, P.E., DEE
Deputy General Manager/Chief Engineer

cc: R. Gans (WASA)
J. Russell (WASA)
C. Cochrane (WASH) 
K. Boateng (WASA) 
J. Wujek (EPMC-IIA)

Exhibit A
Page 2

Presented and Adopted: January 6, 2004
SUBJECT: Expansion of the Customer Assistance Program to Tenants

#04-10
RESOLUTION OF THE BOARD OF DIRECTORS OF THE D.C. WATER AND SEWER AUTHORITY

The Board of Directors of the D.C. Water and Sewer Authority "the Authority,' its meeting on January 6, 2004, upon consideration, decided by a vote of five (5) in favor and none (0) opposed to approve the following actions with respect to expansion of the Customer Assistance Program to tenants (a matter not affecting the general management of joint-use sewerage facilities).

WHEREAS, in Resolution #00-38 the Board authorized the General Manager to implement a Customer Assistance Program to assist low income customers in paying their water bills, which is comprised of two components based upon household income, one funded by voluntary contributions from ratepayers and others, and the other based upon exemptions from service charges; and

WHEREAS, the Board finds that it is in the best interests of the Authority and its customers to expand the program for exemption from service charges so as to assist tenants in paying their water bills; and

WHEREAS, on December 17, 2003, the Retail Rates Committee met to consider the plan advanced by the General Manager and recommended approval.

NOW THEREFORE BE IT RESOLVED:

  1. The General Manager shall expand the Customer Assistance Program to include tenants which is consistent with the existing Customer Assistance Program which, at a minimum, shall contain the following components:
    1. A program that supplements assistance to low-income customers including the following elements:
      1. exemptions from water service charges in the amount of four hundred cubic feet per month for eligible participants; and
      2. eligibility criteria designed to facilitate administration by an appropriate third-party entity determined by the General Manager - including the following income limits;
Household Size Household Annual  Gross Income
1 $13,290
2 $17,910
3 $22,530
4 $27,150
5 $31,770
6 $36,390
7 $41,010
8 $45,630

For households with more than eight members, add $4,620 for each additional member.

  1. The program referenced in 1.a. shall include the following:
    1. eligibility criteria that limit participation to single-family, owner-occupied primary residential accounts and tenants; and
    2. eligibility criteria that require certification that water conservation practices are being utilized and that the participant's system is leak-proof.
  1. The General Manager is also authorized to modify and implement the Customer Assistance Program as needed to accomplish the objectives of the program.
  2. This resolution shall become effective immediately.

Linda R. Manley
Secretary to the Board of Directors

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