The resolution declares an emergency regarding the need to amend the District of Columbia Public Works Act of 1954 and the Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996. The amendments aim to clarify that property owners in the District must pay an impervious area charge (CRIAC) assessed by the District of Columbia Water and Sewer Authority (DC Water), regardless of whether they are connected to the sewer system. This charge is essential for funding upgrades to the District's combined sewer system, which is necessary to prevent overflows during heavy rains and to maintain water quality, as mandated by a federal consent order.
The resolution highlights that previous legislation intended to include all property owners in the CRIAC assessment, including those with impervious surfaces that contribute to stormwater runoff, such as parking lot owners. However, ongoing legal challenges have raised questions about the authority of DC Water to levy this charge on certain properties. To address these ambiguities and ensure equitable distribution of costs for sewer system upgrades, the Council has deemed it necessary to adopt emergency legislation following the expiration of a temporary act. The resolution is effective immediately upon passage.