Storm Water Permit Compliance Amendment Act of 2000
Bill 13-813

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A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

Chairman Cropp introduced the following bill which was referred to the Committee on Public Works.

To amend the Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996 to establish a Storm Water Administration and Storm Water Fee.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Storm Water Permit Compliance Amendment Act of 2000".

Sec. 2 The Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996, effective April 18, 1995 (D.C. Law 11-111; D.C. Code §43-1661 et seq.), is amended as follows:

(a) Section 201 (D.C. Code § 43-1671) is amended by adding new paragraphs 12 and 13 to read as follows:

"(12) Storm Water Permit means NPDES No. DC0000221, issued April 20, 2000. "(13) Storm Water Fee means the fee established by section 216(e) of this act."

(b) Section 207(a) (D.C. Code 43-1677(a)) is amended by inserting the phrase "except those collected or received from the Storm Water Fee".

(c) A new section 206A is added to read as follows:

"Sec. 206A Stormwater Administration

(a) There is established within the Authority a Storm Water Administration. The Administration shall be responsible for monitoring and coordinating the activities of all District agencies, including the activities of the Authority, which are required to maintain compliance with the Storm Water Permit. The General Manager shall designate a person to head the Administration "

(b) All expenses of the Administration shall be disbursed from the Storm Water Permit Compliance Enterprise Fund established in Section 207A.

"(c) The Department of Health, the Department of Public Works, and any other District agency identified by the General Manager or his or her designee shall comply with all requests made by the General Manager or his or her designee related to Storm Water Permit compliance, including the submittal of information, plans, proposed budgets or supplemental budgets related to storm water activities.

"(e) All budgets submitted by the Mayor to the Council shall include a written determination by the General Manager or his or her designee concerning whether the budget adequately funds Storm Water Permit compliance activities. The General Manager or his or her designee shall inform the Council of any deficiency found and indicate the revisions that must be made to correct the deficiency.

(d) A new section 207A is added to read as follows:

"Sec. 207A Storm Water Permit Compliance Enterprise Fund

"(a) There is established a Storm Water Permit Compliance Enterprise Fund. Monies from the fund may only be used to fund the Storm Water Administration established by section 206A, the Authority's costs of billing and collecting the Storm Water Fee, and any District agency's costs of complying with the Storm Water Permit, including all administrative, operating, and capital costs. No funds shall be disbursed for costs associated with storm water activities carried out prior to April 20, 2000, except to the extent those costs increased in order to comply with the terms of the Permit.

"(b) All collected revenues, proceeds, and moneys from the Storm Water Fee or from grants made for storm water activities which are collected or received shall be credited to the Fund and shall not, at any time, be transferred to, lapse into, or be commingled with the General Fund of the District of Columbia, the Water and Sewer Authority Enterprise Fund, the Cash Management Pool, or any other funds or accounts of the District of Columbia."

(e) Section 216 (D.C. Code 43-1686) is amended as follows

(1) The existing text of subsection (e) is designated as subsection (f);

(2) A new section (e) is added to read as follows:

"(e) Commencing in 2001, the Authority shall collect a stormwater fee from each District of Columbia retail water or sewer customer as follows:

"(1) For all properties consisting of single family homes, the fee shall be $4.00 per year;

"(2) For all other properties, the fee shall be equal to 2.1 % of the charge for water and sewer services."

(3) Subsection (f) is amended by inserting the phrase "including the storm water fee", after the phrase "pay the charges".

(f) Section 219 (D.C. Code §43-1689) is amended by inserting the phrase "for the failure to pay any charge, fee, assessment, or levie authorized or required by section of this act", after the phrase "the power to obtain and enforce liens".

Sec. 3. Storm Water Advisory Panel established, composition.

(a) There is established the Storm Water Advisory Panel ("Panel") with the purpose of preparing comprehensive recommendations to the Council that identify the best means by which the District of Columbia can meet all present and future federal regulatory and permit requirements pertaining to the discharge of stormwater into receiving waters.

(b) The Panel shall submit its recommendations in a report, which shall be submitted to the Council no later than one year after the Panel's first meeting. The report shall make specific findings as to:

(1) Whether the existing allocation of stormwater management responsibilities among District agencies, including the District of Columbia Water and Sewer Authority is capable of meeting present and future regulatory requirements for storm water discharge, and, if not, what changes need to be made or new government entities created; and

(2) Whether the existing stormwater fee structure and rate are equitable and sufficient for the District to meet its present and future regulatory requirements for storm water discharge, and, if not, what fee structure and rate would be required to most fairly meet these responsibilities.

(c) The panel shall hold its first meeting no later than 90 days from the effective date of this act and shall hold at least one public hearing to receive testimony from citizens with respect to the issues stated in subsections (B)(1) and (2) of this section. The Panel's draft report shall be published in the District of Columbia Register for a 30 day period of public comment and provided to each Advisory Neighborhood at least 45 days prior to being submitted to the Council.

(e) The Panel shall be composed of 5 members consisting of the following persons or their designees:

(1) The Mayor:

(2) The Chairman of the Council of the District of Columbia

(3) The General Manager of the District of Columbia Water and Sewer Authority:

(4) The Director of the Department of Health, Environmental Health Administration; and

(5) The Director of the Department of Public Works;

Sec. 4. Fiscal Impact Statement

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code §1-233(c)(3)).

Sec. 5. Effective Date

(a) This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), approval by the Financial Responsibility and Management Assistance Authority as provided in section 203(a) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, approved April 17, 1995 (109 Stat. 116; D.C. Code section 47-392.3(a)), a 30-day period of Congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code §1-233(c)(1)), and publication in the District of Columbia Register.

(b) This act expires upon the expiration of NPDES No. DC0000221, issued April 20, 2000.