§17–407.

    (a)    (1)    Except as provided in subsection (b) of this section, in accordance with its regulations, the Commission may pay for actual property damage caused by:

            (i)    a sanitary sewer backup; or

            (ii)    a water main break on or after October 1, 1999.

        (2)    Payment made by the Commission under this section is not an admission of liability.

    (b)    The Commission may not pay for actual property damage caused by a sanitary sewer backup or water main break if the sanitary sewer backup, water main break, or resulting damage from the backup or break was caused by an intentional act or negligence of the owner or tenant of the property.