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A RESOLUTION
25-670
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
October 1, 2024
To declare the existence of an emergency with respect to the need to amend the District of
Columbia Public Works Act of 1954 to clarify that an owner or occupant of property in
the District shall pay an impervious area charge that the District of Columbia Water and Sewer Authority d/b/a DC Water (“DC Water”) assesses; and to amend the Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996 to clarify that DC Water may assess an impervious area charge on any property in the District.
RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
resolution may be cited as the “ CRIAC Clarification Emergency Declaration Resolution of
2024”.
Sec. 2. (a) In 2009, the Council passed the Water and Sewer Authority Equitable
Ratemaking Amendment Act of 2008, effective March 25, 2009 (D.C. Law 17- 30; 56 DCR
1350), which authorized the District of Columbia Water and Sewer Authority (“DC Water”) to
use a billing methodology that takes into account the amount of impervious surface on a
property. Since then, DC Water has been assessing the Clean Rivers impervious area charge (“CRIAC”) against property owners in the District.
(b) The CRIAC funds upgrade the District’s combined sewer system, as mandated by a
consent order between the District and the federal government, to prevent overflows during heavy rains that impair the region’s water quality and health. This federally- mandated project is
known as the Clean Rivers Project.
(c) Two lawsuits before the D.C. Court of Appeals challenge DC Water’s authority to
levy the CRIAC against property owners who are not connected to the District’s sewer system. However, the Council did not intend to exempt property owners not connected to the sewer system from the CRIAC. Such property owners – like parking lot owners – still contribute
substantially to stormwater runoff and the overflow of the District’s combined sewer system. Charging such property owners the CR IAC for their contribution to stormwater runoff equitably
spreads the burden of upgrading and maintaining the District’s sewer systems. Briefing in one of these appeals is scheduled to close in early November. ENROLLED ORIGINAL
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(d) Emergency legislation is therefore necessary to clarify that DC Water has had the
authority since 2009 to assess the CRIAC against property owners who are not connected to the
District’s sewer system.
Sec. 3. The Council determines that the circumstances enumerated in section 2 constitute
emergency circumstances making it necessary that the CRIAC Clarification Emergency
Amendment Act of 2024 be adopted after a single reading.
Sec. 4. This resolution shall take effect immediately.