§ 34–2102. Use of the General Fund for sanitary sewage works.

DC Code § 34–2102 (2019) (N/A)
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Subject to appropriations, amounts in the General Fund of the District of Columbia (including any special account therein) as established by the Revenue Funds Availability Act of 1975 [D.C. Law 1-42] shall be available for use by or under the direction and control of the Mayor of the District of Columbia for:

(1) The construction, operation, maintenance, expansion, relocation, replacement, renovation, and repair of the sanitary sewage works of the District, including all expenses;

(2) Payment of a portion of such administrative expenses as may not be wholly allocated to the sanitary sewage works or to any other sewage works of the District, but which expenses are incurred in connection with the operation of the sanitary sewage works and either or both the stormwater sewer system and the combined sewer system. The portion of such expenses to be paid from the General Fund of the District of Columbia (including any special account therein) shall be fixed from time to time by the Mayor at such a percentage of the total of such expenses for the said sewer systems as the Mayor, in his discretion, may determine;

(3) Payment of such portion of all expenses for the construction, operation, maintenance, expansion, relocation, replacement, renovation, and repair of the combined sewer system of the District as the Mayor, in his discretion, determines to be attributable to the sanitary sewer function of such combined sewer system;

(4) Payment of the District’s contribution to the expenses of the Interstate Commission on the Potomac River basin;

(5) Payments by the District to agencies in the State of Maryland providing services to the District for conveying, treating, or disposing of sanitary sewage; provided, that the said fund shall not be available to pay the cost of providing sewage service to institutions of the District located in the State of Maryland;

(6) Payments to other funds of the District for such expenses or estimated expenses as are or may be incurred in the administration of this subchapter;

(7) Payment to the United States Treasury of the interest, in accordance with the provisions of this subchapter, on loans to the District for the purposes of this Act;

(8) Repayment to the United States Treasury of the principal amount of each loan made to the District in accordance with the provisions of this chapter, and of any advancements made to the District in accordance with the provisions of § 34-2103; and

(9) Refund of part or all of any sanitary sewer service charges erroneously paid; provided, that application for refund shall be made within 2 years after such erroneous payment.

(May 18, 1954, 68 Stat. 104, ch. 218, title II, § 203; Jan. 22, 1976, D.C. Law 1-42, § 3(f)(2), 22 DCR 6313.)

1981 Ed., § 43-1602.

1973 Ed., § 43-1603.

“This Act,” referred to in paragraph (7) of this section, is the District of Columbia Public Works Act of 1954, 68 Stat. 104, ch. 218.

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.