D.C. Mun. Regs. tit. 21, r. 21-410

Current through Register 71, No. 45, November 7, 2024

Rule 21-410 - ADMINISTRATIVE HEARINGS

410.1

The purpose of hearings held under this Section is to provide the petitioner with an opportunity to appeal the decision of the General Manager pertaining to:

(a) The validity of any water, sewer or groundwater sewer service charge;

(b) The practicability determination made pursuant to Section 207 of Chapter 2 regarding metering of groundwater flows;

(c) A practicability determination made pursuant to Section 5403 of Chapter 54 regarding the installation of backflow preventers to prevent cross connections;

(d) An imminent threat determination made pursuant to Section 5405 of Chapter 54;

(e) A denial, suspension, or revocation of a certificate to test backflow preventers pursuant to Section 5408 of Chapter 54;

(f) The determination that a User's uncontaminated non-wastewater flows are discharging to a sewer specifically designated as sanitary sewer;

(g) Issuance, revocation, or non-transferability of a Wastewater Discharge Permit, or the terms and conditions of a Wastewater Discharge Permit;

(h) Issuance, suspension, termination, or denial of a Temporary Discharge Authorization or Waste Hauler Discharge Permit, or the terms and conditions of a Temporary Discharge Authorization or Waste Hauler Discharge Permit;

(i) Suspension of water and sewer service due to an imminent danger to the environment or the operation or integrity of the District's wastewater system;

(j) The Zero FOG Discharge Exemption determination that a Food Service Establishment has the potential to discharge oil and grease laden wastewater to the District's wastewater system; and

(k) Any other decision under this Title that explicitly grants the right to appeal the General Manager's decision.

410.2

The rules of procedure set forth in this Section shall govern the form, content and filing of requests for a hearing to contest water, sewer and groundwater service charges, interest, penalties, fees and determinations of practicability made pursuant to Chapter 2.

410.3

Petitioner shall have the right to do the following:

(a) Represent themselves or be represented by an attorney;

(b) To present their case or defense by oral or documentary evidence;

(c) To submit evidence in rebuttal; and

(d) To conduct a cross-examination as may be required for a full disclosure of the facts.

D.C. Mun. Regs. tit. 21, r. 21-410

Final Rulemaking published at 40 DCR 1300, 1310 (February 12, 1993); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999); as amended by Final Rulemaking published at 48 DCR 1743(February 23, 2001); as amended by Notice of Final Rulemaking published at 59 DCR 1021, 1094 (February 10, 2012); amended by Final Rulemaking published at 66 DCR 010586 (8/16/2019); amended by Final Rulemaking published at 68 DCR 13604 (12/17/2021)

Authority: The Board of Directors (the Board) of the District of Columbia Water and Sewer Authority (DC Water or WASA) pursuant to the authority set forth in the Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996, effective April 18, 1996 (D.C. Law 11-111; D.C. Official Code §§ 34-2201.01, et seq.(2010Repl.)) and the Wastewater System Regulation Amendment Act of 1985, effective March 12, 1986 (D.C. Law 6-95; D.C. Official Code §§ 8-105, et seq. (2008 Repl. & 2011 Supp.)).