D.C. Mun. Regs. r. 21-407

Current through Register Vol. 71, No. 23, June 7, 2024

Rule 21-407 - ADJUSTMENT FOR LEAKS WHICH OCCUR BETWEEN THE METER AND THE STRUCTURES THAT ARE SERVED BY THE METER AND FOR UNDERGROUND LEAKS

407.1

When a meter leak is discovered due to a DC Water issued meter, the Authority shall make the repairs to the meter. A licensed plumber may make the necessary repairs at the expense of the Authority if the amount and nature of the repairs is approved in advance by the General Manager but only if the General Manager has not determined that the leak constitutes an emergency or unsafe condition.

407.2

If the investigation indicates a possible a leak in underground service pipe, the General Manager shall investigate the cause and location when notified of the possibility of leaks. If the investigation discloses a leak, other than a meter leak, of indeterminate location in the underground service, or at some other location where the leak is not apparent from visual or other inspection, the General Manager shall determine whether the leak is on public space, on private property, on property that is under the control of the occupant, or the result of infrastructure for which the owner or occupant is responsible for maintaining and repairing.

407.3

If, pursuant to § 407.2, the leak is determined to have been caused by the Authority or is determined to be the result of infrastructure for which the Authority is responsible for maintaining and repairing, the Authority shall repair the leak and the General Manager shall adjust the bill to equal the average consumption of water at the same premises for up to three (3) previous comparable periods for which records are available. If the leak is determined to have been caused by the owner or occupant, no adjustment shall be made.

407.4

If, pursuant to § 407.2, the leak is determined to be on private property or on property that is under the control of the owner or occupant, or the result of infrastructure for which the owner or occupant is responsible for maintaining and repairing, the owner or occupant shall repair the leak. The General Manager may, at their discretion, upon request of the owner, adjust the disputed bill and any bills issued during the investigation for a period not to exceed (30) calendar days after the issuance of the bill investigation report.

407.5

The adjusted amount, in accordance with § 407.4, shall not exceed 50% of the excess water usage over the average consumption of water at the same premises for up to three (3) previous comparable periods for which records are available. The General Manager may take the following into consideration in determining whether there should be a reduction in the bill(s):

(a) There has been no negligence on the part of the owner or occupant in notifying DC Water of unusual conditions indicative of a waste of water;

(b) The owner has repaired the leak within 30 calendar days after the bill investigation report is issued to the owner or occupant;

(c) The owner provides evidence that repairs have been made and that those repairs were performed by a licensed District of Columbia master plumber in accordance with the rules and regulations of the District of Columbia Department of Consumer and Regulatory Affairs; and

(d) The request for adjustment has been made in accordance with § 402.1 (a).

407.6

The General Manager may, at their discretion, adjust up to 100% of the excess sewer charges resulting from an underground leak if it is determined that the excess water usage did not enter the wastewater system.

407.7

No Adjustment shall be made if the leak is determined to have been caused by the owner or occupant.

D.C. Mun. Regs. r. 21-407

Final Rulemaking published at 24 DCR 8315 (March 24, 1978), incorporating text of Proposed Rulemaking published at 24 DCR 6206, 6208 (January 27, 1978), 12 DCRR §§400.37.5(e) and 400.37.5(f); as amended by Final Rulemaking published at 40 DCR 1300, 1309 (February 12, 1993); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999); as amended by Final Rulemaking published at 50 DCR 796(January 24, 2003); as amended by Final Rulemaking published at 52 DCR 10709 (December 9, 2005); amended by Final Rulemaking published at 68 DCR 13604 (12/17/2021)