Code of the District of Columbia

§ 34–2158. Full lead water service line replacement.

(a)(1) Except as provided in paragraphs (2) and (4) of this subsection, the District of Columbia Water and Sewer Authority ("DC Water") shall not replace the portion of a lead water service line that is on public property unless it also replaces the portion of the lead water service line that is on private property, subject to the consent of the property owner.

(2) DC Water may replace the portion of a lead water service line that is on public property without replacing the portion of the lead water service line that is on private property if:

(A) DC Water requests the consent of the private property owner in writing to replace the portion of the lead water service line on private property, and DC Water receives notice that the property owner does not consent to replacement of the portion of the lead water service line on private property;

(B) DC Water requests the consent of the private property owner in writing to replace the portion of the lead water service line on private property, including an initial request sent by mail, and a second request sent 60 days after the initial request by mail or hand delivery to the property, as well as electronically, if feasible, but does not receive a response from the property owner within 120 days after DC Water sends the initial request;

(C) The replacement is necessary to repair a damaged or leaking water service line, and DC Water requests the consent of the private property owner in writing via hand delivery to the property to replace the portion of the lead water service line on private property, but does not receive a response within 24 hours after DC Water makes the request; or

(D) In the event of the exceedance of a lead action level:

(i) The replacement is required pursuant to 40 C.F.R. § 141.84 to address the lead exposure; and

(ii) DC Water requests the consent of the private property owner in writing to replace the portion of the lead water service line on private property, including an initial request sent by mail, and a second request sent 30 days after the initial request by mail or hand delivery to the property, as well as electronically, if feasible, but does not receive a response within 60 days after DC Water makes the initial request.

(3) The cost of replacing lead water service lines on private property pursuant to paragraph (1) of this subsection, including overhead expense, shall be paid by DC Water using funds appropriated for this purpose in the District's annual budget.

(4) If DC Water does not have sufficient funds from the District or the private property owner to replace a portion of a lead water service line on private property, DC Water shall not replace the portion of the lead water service line on public property unless:

(A) The replacement is necessary to repair a damaged or leaking lead water service line; or

(B) In the event of an exceedance of a lead action level, the replacement is required pursuant to 40 C.F.R. § 141.84 to address the lead exposure.".

(b) Notwithstanding subsection (a) of this section, if DC Water learns that an owner of private property wishes to pay to replace the portion of a lead water service lines on his or her private property, DC Water may replace the portion of the lead water service line on public property at the same time. The cost to replace the portion of the lead water service line located on public property shall be paid by DC Water.

(c) Nothing in this section shall be construed to affect DC Water's authority under § 8-205(b) to, where DC Water deems such action necessary, perform maintenance or repair work on private property, in which case, the cost, including overhead expense, shall be paid by the property owner.


(Dec. 7, 2004, D.C. Law 15-205, § 6019a; as added Mar. 13, 2019, D.C. Law 22-241, § 2, 66 DCR 923.)

Applicability

Applicability of D.C. Law 22-241: § 7161 of D.C. Law 23-16 repealed § 5 of D.C. Law 22-241. Therefore the creation of this section by D.C. Law 22-241 has been implemented.

Applicability of D.C. Law 22-241: § 5 of D.C. Law 22-241 provided that the creation of this section by § 2 of D.C. Law 22-241 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) repeal of applicability provision of D.C. Law 22-241, see § 7161 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).