402.1 An owner or occupant may challenge the most recent charges assessed by WASA for water, sewer and groundwater sewer service by either:

1. (a) Paying the bill, and notifying WASA in writing that he or she believes the bill to be incorrect and is paying under protest; or
2. (b) Not paying the current charges contained in the bill and notifying WASA in writing, within ten (10) working days after receipt of the bill of the reason(s) why the bill is believed to be incorrect.

402.2 Challenges received after the ten-day (10) period stated in § 402.1 will be deemed to have been filed in an untimely manner and will not stop the imposition of a penalty for nonpayment of charges or the possibility of termination of service for nonpayment.

402.3 Nothing in this section shall be interpreted to relieve the owner or occupant of responsibility for paying all previously or subsequently rendered, uncontested water, sewer and groundwater sewer service charges, penalties, interest, and administrative costs.

402.4 An owner or occupant may appeal a practicability determination made by the General Manager pursuant to Section 207 by filing a petition for an administrative hearing within fifteen (15) calendar days of the date of the notice required in § 207. This petition shall be filed in accordance with the requirements set forth in Section 412 of this chapter, "Petition for Administrative Hearing".

402.5 An owner or owner's agent may appeal a practicability determination made by the General Manager pursuant to section 5403 by filing a petition for an administrative hearing within fifteen (15) calendar days of the date of the notice required in § 5403. This petition shall be filed in accordance with the requirements set forth in section 412 of this chapter "Petition for Administrative Hearing".

402.6 An owner or owner's agent may appeal a determination of imminent threat made by the General Manager pursuant to § 5405 by filing a petition for an administrative hearing within fifteen (15) calendar days of the date of the termination. This petition shall be filed in accordance with the requirements set forth in section 412 of this chapter "Petition for Administrative Hearing."

402.7 Non-residential owners or their agents may seek an impervious surface area charge adjustment if the owner or agent can establish that the property has been assigned to the wrong rate class, the impervious service area used in the computation of the charge is incorrect or if the ownership information is incorrect.

402.8 Non-residential owners or their agents shall submit a site survey, prepared by a registered professional land surveyor, showing impervious surfaces on the site and other information that may be requested by WASA.

SOURCE: Final Rulemaking published at 40 DCR 1300, 1307 (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 Final Rulemaking published at 56 DCR 2730 (April 10, 2009).

HISTORICAL NOTE: Prior to February 12, 1993, the Department of Environmental Services published Final Rulemaking at 24 DCR 8315 (March 24, 1978), incorporating text of Proposed Rulemaking published at 24 DCR 6206, 6207 (January 27, 1978), 12 DCRR §400.37.1.