Section 24-301
§ 24-301 Assessment of city property used for water purposes. a. The
lands taken, or to be taken, for storage, reservoirs, or for other
constructions necessary for the introduction and maintenance of a
sufficient supply of water in the city, or for the purpose of preventing
contamination or pollution, shall be assessed and taxed in the counties
in which they are or may be located, in the manner prescribed by law,
exclusive of the aqueducts.
b. This section shall not be construed to prevent the assessors in the
county of Nassau from assessing for taxation the pumping stations and
buildings located in such county.
Section 24-302
§ 24-302 Commissioner of environmental protection; duty in regard to
sources of water supply and property of department. It shall be the duty
of the commissioner to preserve the purity of all waters from which any
part of the city water supply is drawn, and to protect such supply and
the lands adjacent thereto from injury or nuisance. He or she shall
maintain, preserve and repair all structures and all other property
connected with the water supply.
Section 24-303
§ 24-303 Protection of water supply; certain acts misdemeanors. a. It
shall be unlawful for any person to throw or deposit, or cause to be
thrown or deposited any dead animal or other offensive matter or
anything whatever in either of the reservoirs or in any lake, pond or
stream, or in any aqueduct or pipe from or through which the water
supply of the city shall be drawn.
b. Any person violating the provisions of this section shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be punished
by a fine or imprisonment, or both, in the discretion of the court. Such
fine shall not exceed the sum of one hundred dollars, and such
imprisonment shall not exceed a period of three months. Such
imprisonment shall be in the jail of the county in which the offense
shall have been committed.
Section 24-304
§ 24-304 Injury to water supply property. If any unauthorized person
shall willfully do or cause to be done any act by which any work,
materials or property, including manhole covers, now or hereafter
erected or used within the city or elsewhere by such city, or any person
acting under their authority, for the purpose of procuring or keeping a
supply of water shall in any manner be injured or removed, or shall
erect or place any nuisance on the banks of any river, lake or stream
from which the water supply of such city shall be drawn, such person on
conviction thereof, shall be deemed guilty of a misdemeanor.
Section 24-305
§ 24-305 Pollution of or interference with water supply. It shall be
unlawful, within the city, to bathe in or go into the water of any water
supply reservoir or any part of a city aqueduct, or to throw stones,
chips or dirt or any other material or substance whatever into any
gate-house, ventilator, fountain or basin. It shall also be unlawful to
injure or disfigure any part of the water works system of the city.
Section 24-306
§ 24-306 Trespass on water supply property. It shall be unlawful to
enter or remain on any part of the embankment of a water supply
reservoir within the city without the permission of the commissioner of
environmental protection, or to fail or refuse to comply with the rules
and regulations of the commissioner as to when citizens shall leave such
embankment, or the grounds or buildings attached thereto.
Section 24-307
§ 24-307 Hydrants to be kept closed. The commissioner of environmental
protection shall cause all water supply hydrants within the city to be
kept closed. Except in case of fire and for the purpose of extinguishing
the same, or when otherwise authorized by law, it shall be unlawful to
take or use the water from any such hydrant.
Section 24-308
§ 24-308 Opening, tampering with or operating valves or fire hydrants.
a. It shall be unlawful for any person other than an employee of the
department of environmental protection, or the fire department to open,
use, operate, or tamper with a fire hydrant or high pressure hydrant, in
the city, or a valve in the water supply system of the city, without a
permit in writing from the commissioner of environmental protection. It
shall also be unlawful to leave such a hydrant open for a longer period
than shall be limited in the permit, or use water for other purposes
than shall have been authorized by such commissioner.
b. The commissioner may grant a permit to a person, other than an
employee of the department of environmental protection or of the fire
department, to open, use or operate a fire hydrant in the city, upon
such terms and conditions as may be prescribed by the commissioner and
upon payment by such permittee of a fee of five dollars for each day for
which such permit is granted. A permittee shall be required, at the time
of making application for such permit, to pay to the department a sum
sufficient to cover the total fee for the entire period for which such
permit is granted. If the work for which such permit is granted is
completed on a date prior to the termination date of such permit, the
permittee shall be entitled to a refund of the fee paid for each day
subsequent to such completion date. The commissioner may grant a permit
pursuant to this section to any agency or to a non-profit organization
for the purpose of providing street showers for children, without
payment of the fee required by this subdivision.
c. The commissioner shall have the power, subject to the approval of
the board of estimate, to increase the amount of the fee prescribed by
subdivision b hereof, to an amount sufficient to cover the cost to the
city of the supervision and inspection of hydrants in connection with
the granting of permits under the provisions of this section.
d. Every permittee shall open, use or operate such hydrant in
accordance with such rules and regulations and such terms and conditions
as may be prescribed by the commissioner for the purpose of protecting
and maintaining the hydrant in a continuously accessible and usable
condition. A permit granted pursuant to this section may be revoked by
the commissioner for the failure by the permittee to comply with any of
the terms and conditions of the permit or any applicable provision of
law.
e. The opening, use or operation of a fire hydrant, under a permit
issued pursuant to this section, shall be subject to inspection by an
employee or employees of the department of environmental protection,
duly appointed in accordance with the provisions of the civil service
law, and assigned to such duties in accordance with the provisions of
section eleven hundred three of the charter. The compensation of any
such employee or employees shall be paid by the city in accordance with
the provisions of section one hundred twenty-three of the charter. No
permittee shall be required to pay the compensation of any employee, or
any part thereof, as a condition to the granting of a permit for the
opening, use or operation of a fire hydrant.
Section 24-309
§ 24-309 Connections. It shall be unlawful, within the city, to open
any street, bore any pipe, or make connection with any main or pipe for
water supply purposes, except under the direction of the commissioner of
environmental protection.
Section 24-310
§ 24-310 Closing of taps before building is demolished. It shall be
unlawful to demolish any building in the city without first having
obtained a permit from the department of environmental protection,
providing for the withdrawal of existing taps supplying the premises, in
the manner specified in the permit.
Section 24-311
§ 24-311 Obstruction of stop-cocks. It shall be unlawful for any
person to obstruct access to a stop-cock connected with a water pipe in
the city, or to permit any person in his or her employ to do so.
Section 24-312
§ 24-312 Public wells. It shall be unlawful to dig a well in any
street or public place in the city, and the commissioner of
transportation shall cause it to be filled in, in all cases.
Section 24-313
§ 24-313 No royalty for use of patented apparatus. No patented
hydrant, valve or stop-cock shall be used by the department of
environmental protection unless the patentee or owner of the patent
shall allow its use without royalty.
Section 24-314
§ 24-314 Right of entry on lands dedicated for highway or park
purposes. a. The department of environmental protection shall at all
times have the unqualified right to enter upon all lands transferred or
dedicated under the provisions of chapter six hundred sixty of the laws
of nineteen hundred twenty-one, for highway or park purposes, to make
repairs, replacements, additions, alterations or extensions to its water
mains, pipes or works and for any other use of the property necessary to
the purposes for which it was originally acquired, without applying for
or obtaining the consent of any other authority. The department of
environmental protection shall rebuild and replace any part of the road
bed thus destroyed or torn up for water supply or incidental purposes,
and restore it to a condition satisfactory to the authority having
jurisdiction thereover.
b. All owners of property adjacent to such strip dedicated for highway
purposes shall have a right of way over every part of such land so
dedicated.
Section 24-315
§ 24-315 Permits; issuance; revocation. The commissioner of
environmental protection is authorized and empowered to issue or renew
temporary permits for the use or occupation of any city property, under
his or her jurisdiction. Such issuance or renewal shall be for a term
not to exceed five years, for such consideration and upon such terms and
conditions as the commissioner may deem necessary for the adequate
protection and utilization of such property. The permit or renewal
thereof shall be non-transferable; shall specifically provide that it
may be cancelled by the commissioner upon thirty days' notice in writing
and shall not confer any right, easement or interest in, to, over, under
or across such property.
Section 24-316
§ 24-316 Leaking tap or service pipe to be repaired. a. As used in
this section:
1. "tap" means a connection made between a city-owned pipe or main
supplying water and a service pipe.
2. "service pipe" means a pipe used to carry water from a tap to a
house control valve, a building or other enclosure or a point at which
the water supply is fully metered.
b. When a test made by the department of environmental protection
indicates that there is a leak at a tap or in a service pipe, if
conditions permit, a notice shall be served by a representative of such
department upon the owner or occupant of the premises being supplied by
such tap or service pipe. The notice shall direct that all necessary
repairs be made to stop the leak.
c. In the event that a tap is shut off by the department because of a
leak, the owner or occupant of the affected premises shall be notified
that the tap has been closed and that a licensed plumber should be
engaged to make the necessary repair and take charge of the street
excavation. If the owner or occupant fails within three days after
notice, excepting emergencies as determined by the commissioner to
engage a licensed plumber, the tap shall remain closed and the
department of environmental protection shall backfill the excavation.
Section 24-317
§ 24-317 Lien on premises. a. There shall be filed in the office of
the department of environmental protection a record of all work caused
to be performed by or on behalf of the department which relates to
section 24-316 of this code. Such records shall be kept on a building by
building basis and shall be accessible to the public during business
hours. Within thirty days after the issuance of an order to shut off a
tap, or backfill an excavation, or both, entry of such order shall be
made on the records of the department of environmental protection. Such
entry shall constitute notice to all parties.
b. All expenses incurred by or on behalf of the department for
services performed pursuant to section 24-316 of this code shall
constitute a lien upon the land and buildings upon or in respect to
which, or either of which, the work required by such order has been
done, or expenses incurred, when the amount thereof shall have been
definitely computed as a statement of account by the department and such
department shall cause to be filed in the office of the city collector
an entry of the account stated in the book in which such charges against
the premises are to be entered. Such lien shall have a priority over all
other liens and encumbrances except for the lien of taxes and
assessments. However, no lien created pursuant to this section shall be
enforced against a subsequent purchaser in good faith or mortgagee in
good faith unless the requirements of subdivision a of this section are
satisfied; this limitation shall only apply to transactions occurring
after the date such record should have been entered pursuant to
subdivision a and the date such entry was made.
c. A notice thereof, stating the amount due and the nature of the
charge, shall be mailed by the city collector, within five days after
such entry, to the last known address of the person whose name appears
on the records in the office of the city collector as being the owner or
agent or as the person designated by the owner to receive tax bills or,
where no name appears, to the premises, addressed to either the owner or
the agent.
(d) If such charge is not paid within thirty days from the date of
entry, it shall be the duty of the city collector to receive interest
thereon at the rate of interest applicable to such property for a
delinquent tax on real property, to be calculated to the date of payment
from the date of entry.
e. Such charge and the interest thereon shall continue to be, until
paid, a lien on the premises. Such lien shall be a tax lien within the
meaning of sections 11-319 and 11-401 of the code and may be sold,
enforced or foreclosed in the manner provided in chapters three and four
of title eleven of such code or may be satisfied in accordance with the
provisions of section thirteen hundred fifty-four of the real property
actions and proceedings law.
f. Such notice mailed by the city collector pursuant to this section
shall have stamped or printed thereon a reference to this section of the
code.
Section 24-318
§ 24-318 Validity of lien; grounds for challenge. a. In any
proceedings to enforce or discharge a lien created pursuant to section
24-317 of this subchapter, the validity of the lien shall not be subject
to challenge based on:
(1) The lawfulness of the work done; or
(2) The propriety and accuracy of the items of expenses for which a
lien is claimed, except as provided in this section.
b. No such challenge may be made except by (1) the owner of the
property, or (2) a mortagee or lienor whose mortgage or lien would, but
for the provisions of section 24-317 of this subchapter, have priority
over the department's lien.
Section 24-320
§ 24-320 City authorized to use ground under streets and highways. All
persons acting under the authority of the city shall have the right to
use the ground or soil under any street, highway, or road within this
state to introduce water into the city, on condition that they shall
cause the surface of such street, highway, or road to be restored, and
all damages done thereto to be repaired.
Section 24-321
§ 24-321 Restriction on power to contract. It shall be unlawful for
the commissioner of environmental protection to enter into any contract
with any person engaged in the business of supplying or selling water
for private or public use and consumption, without the prior approval of
the board of estimate. The separate written consent and approval of the
proposed contract in all its details, shall be given by both the mayor
and comptroller. It shall be unlawful for the city or any of its
agencies to make any contract in relation to the water supply with any
person, except in accordance with the provisions and requirements of the
charter and this code. Such provisions and requirements are hereby
declared to establish the exclusive rule for the making of such
contracts. All proceedings relating to the making or approval of any
such contract may be reviewed by the appellate division of the supreme
court in the first or second department on the application of any
resident taxpayer.
Section 24-322
§ 24-322 Special water service for fire, sanitary and other purposes.
a. The board of estimate may make and enter into contracts and
agreements for a term of years with any corporation duly organized under
the laws of this state, for the furnishing of a special water service
for fire, sanitary and other purposes, and for supplying water suitable
therefor from any source with a pressure equal to a head of three
hundred feet above tide water. Such contracts and agreements shall
contain such conditions, provisions and stipulations as such board may
consider necessary and proper in the interests of the city, and shall be
upon such terms as it deems best. Such board, by such contract, may
authorize such corporation to lay down pipes and erect hydrants in the
streets of the city, under such restrictions and conditions as may be
prescribed by such board.
b. Such contracts or agreements may also provide for the purchase by
the city of all the rights and property secured by such corporation and
the works constructed by them for furnishing water for such special
purposes, when such board of estimate shall deem such purchase to be for
the interest of the city. Such purchase, however, must be determined
upon by such board at the expiration of five years from the date of the
contract. The cost of such purchase shall be determined by arbitrators
appointed by the supreme court.
c. This section and all contracts or agreements executed under its
provisions, shall be construed so as not to interfere with, hinder or
delay the construction and use of any works now or hereafter authorized
by law, relating to procuring an increased supply of water from the
Croton aqueduct system of the city.
Section 24-323
§ 24-323 Construction of highways and bridges in connection with
reservoirs. The city is required to build such highways and bridges as
may be made necessary by the construction of any reservoir, and to
forever repair and maintain such bridges.
Section 24-324
§ 24-324 Construction of highways around middle branch reservoir. The
city is required to repair and maintain the highways built or in process
of construction by the city around the new reservoir, on the middle
branch of the Croton river, in the town of South East.
Section 24-325
§ 24-325 City to erect and maintain fences to protect certain water
works. The city, at its own expense, shall erect and maintain all fences
needed to protect the works upon the lands taken by the city in the
county of Westchester for water supply purposes by virtue of chapter two
hundred fifty-six of the laws of eighteen hundred thirty-four. It shall
also erect and maintain, at its own expense, convenient passes under or
across the Croton aqueduct, for farming and other uses of individually
owned lands in such county intersected by such aqueduct.
Section 24-326
§ 24-326 Regulation of use of lakes and reservoirs used for city water
supply. a. Any natural lake or any reservoir used or built by the city
for water supply purposes may be used by the public for boating, cutting
ice and fishing. The city and its representatives shall not prohibit
such use, and they are required to afford access to such lakes or
reservoirs, except that the city may prohibit such use in the event of a
declaration of an emergency by the governor as hereinafter provided and
except in the event of the declaration of war by or against the United
States of America. The city may grant permits to boat owners for the use
of boats on such lakes and reservoirs, and may prescribe rules and
regulations for their proper use.
b. If any emergency shall have been declared to exist by the governor
in the manner hereinafter provided in subdivision c of this section or
in the event of a declaration of war by or against the United States of
America, the mayor, for the duration of such emergency or of such war,
may revoke, in whole or in part, the privileges set forth in subdivision
a hereof and prohibit the use by the public of the lakes and reservoirs
of the city. The commissioner may make reasonable rules and regulations
as to the use of such reservoirs during such emergency or war period.
Any such order of revocation shall define the terms and extent of
revocation, and shall state the date on which it shall become effective.
Any rules and regulations promulgated by the commissioner of
environmental protection during such emergency shall be published once
in a newspaper circulating in each of the counties in which the water
supply property to be affected thereby shall be located.
c. The governor is hereby empowered to declare the existence of an
emergency affecting the city's water supply sources upon application of
the commissioner of environmental protection and subject to the
following conditions:
1. Notice of the application by the commissioner to have such
emergency declared and of the date and place of the public hearing to be
had thereon shall be published at least twice in a newspaper published
in each county in which are located the sources of water supply as to
which it is claimed the emergency exists and in addition written notice
of such application and of the date and place of the hearing thereon
shall be served on the clerk of the board of supervisors of each such
county at least eight days before such hearing.
2. After such public hearing, at which all persons interested shall
have an opportunity to be heard, the governor, may, if he or she deems
such emergency to exist, declare the existence of such emergency
affecting the city's water supply sources and fix the period for which
the emergency shall be deemed to exist. The duration of such period of
emergency may be extended after the giving of similar notice and after
holding of a similar public hearing.
3. Notwithstanding the requirements of paragraphs one and two of
subdivision c of this section, the governor shall have the power to
declare the existence of an emergency affecting the city's water supply
sources or any part thereof upon application of the commissioner without
notice, and without a public hearing for a period not exceeding thirty
days. Where such emergency is so declared, however, it shall not be
extended or renewed except after notice and public hearing as provided
in such paragraphs one and two.
d. In the event of the declaration of an emergency by the governor or
of the declaration of war by or against the United States of America,
duly designated employees of the department of environmental protection
are empowered and authorized to act as peace officers in any county in
which any water supply property of the city is located for the purpose
of enforcing the rules and regulations promulgated by the commissioner
for the period of the emergency. The department of environmental
protection shall file in the office of the sheriff of each such county a
certificate of appointment of each such designated employee, and shall
attach to each such certificate a complete copy of the rules and
regulations promulgated pursuant to subdivisions a and b of this
section. Copies of all amendments of such rules and regulations shall be
filed by the commissioner with each such sheriff. The sheriff of any
such county may cancel any such certificate for cause, and forthwith
shall mail written notice of such cancellation to the department of
environmental protection, specifying the cause of such revocation.
Immediately upon any such cancellation, the employee whose certificate
shall have been cancelled, shall have no further authority to act as a
peace officer. Each employee so appointed at all times when on duty,
shall have in his or her possession a shield or other suitable badge of
authority which he or she shall exhibit at once to any person upon
request.
e. It shall be the special duty of the employees so appointed to
prevent breaches of the peace and unlawful depredations and to arrest
and bring before the proper judicial officer any person guilty of
violating any of such rules and regulations.
f. Any person convicted of violating any of the rules and regulations
promulgated pursuant to subdivision a of this section shall be punished
by a fine of not more than ten dollars for the first offense, twenty
dollars or ten days imprisonment, or both, for the second offense, or
fifty dollars or fifty days imprisonment, or both, for the third or any
subsequent offense.
Section 24-327
§ 24-327 Regulation of use of Putnam county lakes and reservoirs used
for city water supply. Whenever the waters of natural lakes in Putnam
county have been or are acquired by the city, or reservoirs have been or
are constructed, the residents of such county shall have the right of
boating, fishing and taking ice from such lakes and reservoirs, subject
to such regulations as the commissioner of environmental protection may
make from time to time to preserve the purity of the water and to
prevent nuisances, and subject, however, to the right of the city to
prohibit such use in the event of the declaration of an emergency as
provided in section 24-326 of this code.
Section 24-328
§ 24-328 Lake Mahopac; level of water not reduced. Nothing in this
chapter contained shall authorize, empower or permit any water in excess
of its ordinary flow to be drawn from Lake Mahopac, in the town of
Carmel, Putnam county, between the first days of March and September in
any year.
Section 24-329
§ 24-329 Interments near reservoir prohibited. It shall be unlawful to
establish any cemetery or place of burial, or burial vaults, or other
place for the reception or burial of dead bodies, or to bury, or deposit
in vaults, any dead body, within a distance of half a mile of any
reservoir, or any ponds used for the supply of the borough of Brooklyn
with water. In the county of Nassau, however, it shall be lawful to do
so with the written consent of the state department of health and the
commissioner of environmental protection upon such terms and conditions
as may be prescribed by such commissioner. This section shall not,
however, be construed to prevent burials in any cemetery already
established, or grounds now held by any religious corporation or society
organized under the laws of this state.
Section 24-330
§ 24-330 Watering horses. a. Within the city, all publicly owned
watering troughs, and those erected or maintained by the American
Society for the prevention of cruelty to animals, shall be provided with
the necessary piping and fixtures to enable the filling of pails with
water therefrom, or otherwise modified in construction so as to meet the
requirements of the board of health. The supply of water for such
troughs shall be furnished by the department of environmental
protection. All other horse-watering troughs on streets and public
places in the city shall likewise be provided with the piping and
fixtures necessary to enable the filling of pails with water, and the
use of the water for that purpose shall be paid for. All horse-watering
stations in streets and public places hereafter constructed or operated,
shall conform to the provisions of this section. It shall be unlawful to
draw water from such fixtures except to water horses or other animals.
It shall be unlawful to tamper with such fixtures.
b. Every commercial vehicle to which a horse is attached, while on the
public thoroughfares of the city, must be provided with a watering pail,
which shall be used for the purpose of watering or feeding the horse or
horses attached to the vehicle.
c. The provisions of this section shall not prevent the establishment
of temporary relief stations for watering horses in conformity with such
requirements as may be imposed by the board of health, with the consent
of the commissioner.
Section 24-331
§ 24-331 Sale of water; license. It shall be unlawful for any person,
except when licensed by the commissioner, to take water from any hydrant
or water connection erected, or to be erected in the city, and attached
to the water pipes, to be used on any boat, vessel, barge or
pile-driver, or to be sold or offered for sale to the owner of any boat,
vessel, barge, or pile-driver.
Section 24-332
§ 24-332 Use of water through hose. It shall be unlawful for any
person to wash any street, sidewalk, areaway, steps, building or other
place in the city by means of a hose or piping, or to use water through
a hose or sprinkler for watering lawns or gardens, or to operate any
outside shower where the water runs upon a street, sidewalk, or other
public place between the first day of November and the last day of March
following.
Section 24-334
§ 24-334 Water meters; when to be placed. * a. (1) The commissioner is
authorized to install or cause to be installed water meters, the pattern
and maximum price of which shall be approved by the board of estimate in
any or all stores, workshops, hotels, lodging houses, factories, office
buildings, and public edifices, at wharves, ferry houses, and stables,
and in all places in which water is furnished for business consumption
and in any or all new or substantially improved or altered dwellings.
When authorized thereto by resolution of the board of estimate or by
local law, the commissioner may install such meters in any or all other
multiple dwellings, and he or she shall install such meter or meters or
cause them to be installed upon written demand of the owner of any lot
or premises to which such water is supplied.
(2) For purposes of this subdivision an improvement or alteration is a
physical change in an existing structure, other than painting, ordinary
repairs and normal replacement of maintenance items. A structure shall
be deemed to have been substantially improved or altered where:
(a) the cost of improvement or alteration exceeds the sum of one
hundred fifty thousand dollars; or
(b) fifty percent or more of the dwelling units or square feet of the
structure in multiple dwellings are improved or altered and the cost of
such improvement or alteration exceeds the sum of fifteen thousand
dollars per dwelling unit; or
(c) there has been a conversion in the use of the structure.
* NB Amended L.L. 53/85 § 1, language juxtaposed per Ch. 907/85 § 14
b. Thereafter, as shall be determined by the commissioner, the
department shall make out all charges for water furnished by such
department to such premises in ratable proportion to the water
furnished, as ascertained by meter, subject to such minimum and service
charges as may be established. All expense and cost of meters, and their
connections, and of their setting, repair and maintenance, unless with
the approval of the board of estimate such expense and cost be borne by
the department, shall be a charge and lien upon the premises.
c. This section shall not, however, be construed so as to remit or
prevent the due collection of arrearages or charges for water
consumption heretofore incurred, nor interfere with the proper liens
therefor, nor of charges, or rates, or liens hereafter to be incurred
for water consumption in any building or place which may not contain one
of the meters aforesaid. The moneys collected for service charges and
for expense and cost of meters and their connections, and for setting,
repairing, maintaining and replacing the same, may be applied by the
commissioner to the payment of expenses incurred in procuring meters and
their connections and in their setting, repair, maintenance and
replacement.
Section 24-335
§ 24-335 Charges where supply is metered. No charge for the supply of
water other than a meter charge, minimum charge or annual service charge
shall be made against any houses or lots or any portion or portions
thereof where a water meter may have been or shall be placed. In all
cases where a water meter may have been or shall be placed, the charge
for supply of water shall be determined only by the quantity of water
actually used, as shown by such meters, except for a minimum charge or
an annual service charge and except as provided by subdivision four of
section seven hundred thirty-four of the charter.
Section 24-336
§ 24-336 Acquisition of water meters. The commissioner may acquire any
water meters installed upon premises connected with the public water
supply, from private owners, with the approval of the mayor, upon such
terms and subject to such rules and regulations as the mayor may
approve.
Section 24-337
§ 24-337 Waste of water prohibited; remedies. a. It shall be unlawful
for water to be wasted, whether owing to leak or wasteful condition,
regardless of fault, from any water pipe, valve, faucet, conduit,
equipment, facility or device connected to the city water system or
which utilizes city water. It shall be the duty of an owner, lessee,
agent, manager, operator and of any other person in charge of or who has
control over any premises, plant, equipment, facility, device or
operation to make frequent regular inspections so as to minimize the
likelihood of leak or waste and within a reasonable time after the
discovery or notification of any leak or wasteful condition to effect
repairs or take other appropriate corrective action within the power of
such person. The commissioner of environmental protection shall
promulgate such reasonable rules and regulations as the commissioner may
from time to time deem appropriate for the prevention of the waste of
water.
b. In addition to enforcement pursuant to section 24-346 the
commissioner may serve a leak and waste notice upon any person having a
duty to repair or correct a leak or wasteful condition or upon any
person in violation of the rules and regulations for the prevention of
the waste of water. Such notice shall specify the repair or correction
to be made and shall fix a reasonable time for compliance. Where such
notice has been served and water continues to be wasted after the time
for correction has expired, the commissioner may, after notice and an
opportunity for a hearing before the commissioner or his or her
designee, turn off the water supply to the premises or impose a penalty
not to exceed fifty dollars per day for each day that water continues to
be wasted after the expiration date contained in the notice, or both.
Any penalty imposed pursuant to this section may be added to the water
rents; except that no such penalty may be imposed against any property
unless both the leak and waste notice and notice of the proceeding to
impose the penalty was served upon the owner by mailing copies thereof
to the person whose name appears on the records in the office of the
city collector as being the owner or agent or as the person designated
by the owner to receive tax bills at the address on file for such
purpose or where no name appears to the property addressed to "owner" or
"agent" and such person has had an opportunity to be heard.
The provisions of this subdivision shall not be construed to limit the
commissioner's power to shut off water supply without notice, or with
such notice as the commissioner may deem practicable, where a leak
exists; or where emergency action is otherwise deemed essential.
(c) The department shall establish or reestablish a permanent
committee on water conservation (the "committee") within six months of
the effective date of this section consisting of outside experts,
representatives of public interest, environmental and professional
groups and interested citizens, two of whom shall be appointed by the
city council and the rest shall be appointed by the commissioner. The
members of the committee shall serve without compensation for a term of
three years. The commissioner shall be the chairman.
(d) Within one year after the effective date of this section, and
annually thereafter, the committee shall submit to the city council a
report evaluating the effectiveness of paragraphs a through e, of
subdivision P.104.2 of section P.104.0 RS 16 describing the latest
available water-conserving fixtures, and including written
recommendations. The department shall make available to the committee
any and all information useful and necessary for the committee to
prepare and complete the report for submission to the city council. To
prepare such report the committee shall utilize any information and/or
materials determined to be pertinent that have been published,
distributed or in any other manner made available from state agencies,
public and private research groups, multi-state agencies such as the
Delaware River Basin Commission, and other similar public or private
agencies or groups with expertise with respect to water-conserving
plumbing fixtures. The report shall include, but not be limited to:
(1) a review of compliance with paragraphs a through e, of subdivision
P.104.2 of section P.104.0 of reference standard RS 16 of the appendix
to chapter one of title twenty-seven of this code, the impact of such
compliance, and the relationship of the standards set forth herein to
current technology;
(2) recommendations as to the feasibility of requiring more stringent
water-saving performance standards than provided in paragraphs a through
e of subdivision P.104.2 of section P.104.0 of reference standard RS 16.
(e) The department shall establish a city-wide comprehensive public
information campaign focusing on water-conserving fixtures, the benefits
of good water-saving equipment, and the opportunity for rapid pay-back
and long-term money savings, especially in energy costs, for home owners
and landlords. Within six months after the effective date of this
section, a proposal for the public information campaign shall be
submitted to the city council for review and commentary. The department
shall report annually to the city council on the status of the public
information campaign.
Section 24-338
§ 24-338 Meters to be installed where water is wasted. The
commissioner is authorized to install or cause to be installed a meter
or meters in any premises where repeated violation notices to prevent
waste of water are necessary, or where the owner fails to comply with
waste of water violation notices.
Section 24-339
§ 24-339 Water Saving Plumbing Fixtures. a. It shall be unlawful for
any person to distribute, sell, offer for sale, import or install any
plumbing fixture which does not meet the standards of subdivision
P.104.2 of section P.104.0 of reference standard RS sixteen.
b. An owner who has installed a shower head in a class A dwelling unit
which meets the standards of subdivision P.104.2 of section P.104.0 of
reference standard RS sixteen shall not be required to replace any such
device which is stolen, removed, missing or rendered inoperable during
the occupancy of such dwelling unit but shall replace such device prior
to the commencement of a new occupancy of such dwelling unit.
Notwithstanding the provisions of section 27-2005, it shall be the sole
duty of the occupant of each dwelling unit in a class A multiple
dwelling in which such a shower head has been provided and installed by
the owner to replace such devices which are either stolen, removed,
missing or rendered inoperable during the occupancy of such dwelling
unit. The meaning of terms used in this subdivision shall be as defined
in chapter two of title twenty-seven of this code.
Section 24-341
§ 24-341 Charges not to be affected. Nothing contained in sections
24-335 through 24-337 of the code shall be construed to prevent the
imposition of charges in accordance with schedules, rules or regulations
heretofore adopted or the performance of any act required or authorized
under such schedules, rules or regulations or under the provisions of
sections 24-335 through 24-337, 11-301, 11-312 and 11-314 of the code,
nor to affect or invalidate charges heretofore imposed, or hereafter to
be imposed as herein provided, nor to prevent the due collection of such
charges or interfere with the liens thereof.
Section 24-342
§ 24-342 Connection charges. All persons contracting for a supply of
water within the city, shall pay the cost of the materials and labor
used and expended in the streets, necessary to make the connection with
the conduit pipes, as required by the rules and regulations of the
commissioner of environmental protection.
Section 24-343
§ 24-343 Transfer of house service pipe connection to new water main.
a. In instances where the city has laid a water main in a street where
surface grades have been established but where the surface has not been
improved to the established grade and when a new water main is installed
by the city because it is required by the grading of such street to the
established grade, the commissioner of environmental protection shall
issue an order directing the owner of each house which was directly
connected with the main as previously laid, to transfer the house
service pipe connection to the new main, at the expense of such owner
when required in accordance with the rules and regulations of the
commissioner.
b. When a new water main is installed by the city to replace a private
main, the commissioner shall issue an order directing the owner of each
house fronting on the city main and receiving water from such private
main to transfer the house service pipe connection to the city main, at
the expense of such owner and in accordance with the rules and
regulations of the commissioner.
c. An order issued pursuant to this section shall be served upon the
owner of the premises, by registered mail sent to the address registered
by such owner in the bureau of city collections in the department of
finance, or if no address is registered in such bureau, by registered
mail sent to the last known address of such owner, or to the address of
such owner as shown on the records in the office where conveyances of
real property are recorded pursuant to law.
d. If the transfer is not made within ten days after the mailing of
such order, the department of environmental protection may make such
transfer through its officers, agents or contractors. The owner shall be
personally liable for the expenses and disbursements incurred by the
department in making such transfer. The amount of such expenses and
disbursements shall be due and payable when definitely fixed by the
commissioner of environmental protection and entered upon the records in
the office of the city collector. A notice stating the amount due and
the nature of the charge shall be mailed by the city collector within
five days after such entry to the address registered by such owner in
the bureau of city collections in the department of finance, or if no
address is registered in such bureau, to the last known address of the
owner of such property or to the address of such owner as shown on the
records in the office where conveyances of real property are recorded
pursuant to law. If such amount is not paid on or before the last day of
the month following the month of entry, it shall be the duty of the city
collector to charge, collect and receive interest thereon at the rate of
seven per cent per annum to be calculated to the date of payment from
the date of entry. The amount of such expenses and disbursements and the
interest thereon shall be a lien upon the premises for which the
transfer of the house service pipe connection was made, and shall be
enforced and collected in the manner provided in chapter three of title
eleven of this code for the enforcement and collection of water rents
and the lien thereof.
Section 24-343.1
§ 24-343.1 Backflow prevention device reporting. a. For purposes of
this section the following terms shall have the following meanings:
(1) "Backflow" shall mean a flow condition, induced by a differential
in pressure, that causes the flow of water or other liquids and/or gases
into the distribution of pipes of a city water main, private water main,
or to an internal water main from any source other than its intended
source.
(2) "Backsiphonage" shall mean the backflow of contaminated or
polluted water, or water of questionable quality from a plumbing fixture
or other source, into a city water main, private water main, or to an
internal water main due to a temporary negative or sub-atmospheric
pressure within the public water supply system.
(3) "Backflow prevention device" shall mean an approved air gap,
reduced pressure zone device or double check valve assembly used to
contain potential contamination within a facility.
(4) "Cross connection" shall mean a physical connection or arrangement
between two separate piping systems where one system contains potable
water and the other contains steam, gas, a chemical, or water of
questionable safety, and there may be a flow from one system to the
other.
(5) "Hazardous facility" shall mean a facility in which substances may
be present that may endanger the health of other water users if
introduced into the public water system, including but not limited to,
laboratories, sewage treatment plants, chemical plants, hospitals and
mortuaries.
b. When the department or the owner or operator of a building or
structure has determined that there is a cross connection and no
backflow prevention device, or a defective or unapproved device, such
that there is a possibility of backflow or backsiphonage from such
building or structure into a city water main, private water main, or to
an internal water main, the owner or operator of such building or
structure shall be under a duty to correct such potential or actual
backflow or backsiphonage and provide the proper documentation to
certify to the department that a backflow prevention device has been
installed and where appropriate, that a backflow prevention device has
been replaced. Where removal of a cross-connection or installation or
replacement of a backflow prevention device has been performed as part
of a project for which a licensed professional engineer or registered
architect has submitted plans that have been approved by the department,
such licensed professional engineer or registered architect shall
inspect and submit to the department a certification that the
cross-connection has been removed or a backflow prevention device
installed or replaced in conformity with plans approved by the
department or the department of buildings.
c. The department shall send out a mailing to or shall otherwise
notify owners or operators of facilities identified by the department as
potentially requiring backflow prevention devices informing them of the
potential need for such a device and of the process for installation of
backflow prevention devices under the auspices of the cross connection
control program. The materials contained in such mailing shall be
translated into such languages provided for in section 8-1002 of this
code.
d. On or before January 1, 2010, the department shall submit a report
to the council setting forth the number of hazardous facilities and all
other facilities which the department knows have had required backflow
prevention devices installed and the number of facilities in each
category that have been notified by the department of the need to
install one or more backflow prevention devices. Every July first and
January first thereafter, the department shall submit a report to the
council setting forth the number of facilities in each category for
which one or more backflow prevention devices were installed since the
last report was required, the number of facilities in each category that
have been newly notified by the department of the need to install such
devices, and the number of violations issued by the department for the
failure to install a required backflow prevention device.
Section 24-344
§ 24-344 Report of receipts by clerk in bureau of water register. The
clerk of the bureau of water register assigned to collecting, on each
day, except Sunday of each week, shall render to the comptroller an
account, under oath, of all moneys received by him or her, showing the
amounts received from all classes of revenue and shall, thereupon, pay
over the amounts so received to the commissioner of finance, furnishing
to the comptroller a receipt showing the payment of such sums into the
city treasury.
Section 24-345
§ 24-345 Pay-as-you-go financing for certain water pollution control
projects. a. Subject to the provisions of subdivision c and subdivision
d of this section, for the fiscal year commencing July first, nineteen
hundred seventy-seven and for each succeeding fiscal year, a direct
mandatory budget appropriation shall be made for the city's per centum
share of the costs of the north river water pollution control project,
the oakwood beach water pollution control project and the red hook water
pollution control project payable during such fiscal year.
b. The budgetary appropriations made to pay part of the annual costs
of such projects shall be in amounts consistent with the requirements of
any final judgment, decree or order of any federal court which sets
forth a schedule for the completion of such projects.
c. For the fiscal year commencing July first, nineteen hundred
seventy-seven, such appropriation shall not exceed the sum of eight
million dollars.
d. The aggregate amount of such annual appropriations shall not exceed
the sum of seventy-nine million dollars.
Section 24-346
§ 24-346 Enforcement and penalties. a. Notwithstanding any other
provision of law, the commissioner of environmental protection and the
environmental control board shall enforce the provisions of this chapter
and chapter four of this title and the regulations promulgated pursuant
thereto or pursuant to section fourteen hundred three of the New York
city charter as hereinafter provided. Such commissioner and board shall
have the power to issue such orders as may be provided for herein and
such additional orders as may be necessary for the enforcement of such
provisions.
b. Any person who violates or fails to comply with any of the
provisions of this chapter and chapter four of this title or any order,
rule or regulation issued by the board or commissioner or with the
conditions of any permit issued by the commissioner within the city of
New York shall be liable for a civil penalty of not less than fifty nor
more than one thousand dollars for each violation, except that the civil
penalty for the removal of a manhole cover in violation of section
24-304 shall be not less than two thousand five hundred dollars nor more
then ten thousand dollars. In the case of a continuing violation each
day's continuance shall be a separate and distinct offense. The
environmental control board shall have the power to impose such civil
penalties. A proceeding to impose such penalties shall be commenced by
the service of a notice of violation returnable to such board. Such
board, after a hearing as provided by the rules and regulations of the
board, shall have the power to enforce its final decisions and orders
imposing such civil penalties as if they were money judgments pursuant
to subdivision d of section one thousand forty-nine-a of the New York
city charter. A civil penalty imposed by the board may also be collected
in an action brought in the name of the city in any court of competent
jurisdiction. The board, in its discretion, may, within the limits set
forth in this subdivision, establish a schedule of civil penalties
indicating the minimum and maximum penalty for each separate offense.
c. In addition to the civil penalties set forth in subdivision b of
this section and except as otherwise specifically provided, any person
who knowingly violates or fails to comply with any provision of this
chapter and chapter four of this title or any order, rule or regulation
issued by the commissioner or board or with the conditions of any permit
issued by the commissioner shall be guilty of a misdemeanor and, upon
conviction thereof, shall be punished by a fine of not less than two
hundred fifty nor more than one thousand dollars, or by imprisonment not
exceeding thirty days, or both for each violation, except that the
punishment for the removal of a manhole cover in violation of section
24-304 shall be a fine of not less than five hundred dollars nor more
than ten thousand dollars, or imprisonment not exceeding thirty days, or
both for each violation. In the case of a continuing violation each
day's continuance shall be a separate and distinct offense.
d. 1. In the case of any continued or knowing violation of any of the
provisions of this chapter and chapter four of this title or any order,
rule or regulation issued by the board or commissioner or of the
conditions of any permit issued by the commissioner within the city of
New York or where the board finds that the violation of any of such
provisions or of the conditions of any such permit presents or may
present a danger to the water supply or the water supply system, the
board after notice and the opportunity for a hearing in accordance with
the rules and regulations of the board, may issue a cease and desist
order requiring any person who owns, leases, operates, controls or
supervises any building, structure, facility, device, equipment,
installation or operation to cease and desist from any activity or
process which causes or is conducted so as to cause such violation
within the time specified in such order.
2. Such order may provide that if the order is not complied with or so
far complied with as the commissioner of environmental protection may
regard as reasonable within the time specified therein, the commissioner
may take such action as shall be specified therein, including but not
limited to:
(a) sealing, blocking or inactivating any equipment, facility or
device; or
(b) terminating the water supply.
For such purpose the commissioner or his or her deputies or such other
officers or employees as are designated by the commissioner may enter on
any public or private property.
e. 1. Whenever the commissioner has reasonable cause to believe that a
violation of the provisions of this chapter and chapter four of this
title or any order, rule or regulation issued by the board or
commissioner or in violation of the conditions of any permit issued by
the commissioner within the city of New York creates or may create an
imminent danger to the water supply or to the water supply system or to
the public health or to the life or safety of persons, the commissioner
may issue a cease and desist order requiring any person who owns,
leases, operates, controls or supervises any building, structure,
facility, device, equipment, installation or operation to take such
action as may be necessary to halt or prevent such violation.
2. If service of the order cannot be made personally because such
person cannot be located at such time then service may be made by
delivering a copy to a person of suitable age and discretion at the
residence or place of business of the person sought to be served. If
service cannot be made personally or by such delivery to a person of
suitable age and discretion because of inability to locate or to obtain
the name or address of such person at such time, service may be made by
conspicuously posting a copy of such order upon the property to which it
relates. The posting of such order shall be sufficient notice of such
order to all persons having a duty in relation thereto under the
provisions of this subdivision.
3. If the order is not complied with or so far complied with as the
commissioner may regard as reasonable, within the time specified therein
the commissioner may act to halt or prevent such violation by:
(a) sealing, blocking or otherwise inactivating any equipment,
facility or device;
(b) terminating the water supply; or
(c) any other means or method that is reasonable under the
circumstances. For such purpose the commissioner or his or her deputies
or such other officers or employees as are designated by the
commissioner may enter on any public or private property.
4. Any person affected by such an order may make written application
to the environmental control board for a hearing. Such hearing shall be
provided, pursuant to the rules and regulations of the board, and shall
be held within forty-eight hours after the receipt of such application.
The board may suspend, modify or terminate such order.
f. If the respondent fails to comply with any order issued by the
board or commissioner or with the conditions of any permit, or the board
or commissioner otherwise deems it necessary, the corporation counsel,
acting in the name of the city, may maintain an action or proceeding in
a court of competent jurisdiction to compel compliance with or restrain
by injunction the violation of any order or permit issued by the board
or commissioner.
g. Any person who violates or fails to comply with any of the
provisions of this chapter and chapter four of this title or any order,
rule or regulation or with the conditions of any permit issued by the
commissioner shall be liable to the city for any expense, loss or damage
suffered by the city by reason of such violation.
h. Unless otherwise specifically provided, service of any notice or
order may be made either personally or by mail addressed to the last
known address of the person to be served.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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