Section 24-360
§ 24-360 Water supply to municipalities other than New York city;
connections; charges; regulations; quantity to be taken. a. It shall be
lawful for any of the municipal corporations or water districts in the
counties of Ulster, Greene, Delaware, Schoharie, Sullivan, Orange,
Westchester and Putnam, and for the village of Deposit in the counties
of Delaware and Broome, to take and receive from any of the reservoirs,
aqueducts, conduits, streams or pipes of the city a supply of water for
the uses and purposes of such municipal corporations or water districts
or village and to that end such municipal corporations or water
districts are, and each of them is, and such village also is, authorized
and empowered to lay the necessary mains, pipes, valves, hydrants,
supply pipes and other necessary appurtenances for the use of such
water, without the consent of any board, officer, bureau, or department
of the state or any subdivision thereof.
b. The connections with such reservoirs, aqueducts, conduits, streams
or pipes shall be made at the expense of such municipalities or water
districts. They shall pay to the city such fair and reasonable water
charges or rates as may be agreed upon between the commissioner of
environmental protection and the authorities of such municipal
corporations or water districts or as from time to time upon the
application of either party shall be fixed by the New York state
department of environmental conservation, which department is hereby
given power to fix such fair and reasonable charges or rates after
hearing all parties interested. The expenses of any such hearing and
decision by the New York state department of environmental conservation
shall be paid by the applicant. Bills for such expenses shall be
certified by such department to the applicant and paid by the applicant
directly to the claimant within thirty days of the date of such
certification.
c. Such charges or rates shall not, however, exceed the charges or
rates now charged by the city to persons using water in that city. Such
fair and reasonable charges or rates shall be determined on the basis of
the actual total cost of the water to the city after deducting from the
total cost all construction costs and expenses of operation, maintenance
and carrying charges incurred within the corporate limits of the city in
connection with the distribution and delivery of the water within such
limits. Such charges or rates fixed by the New York state department of
environmental conservation shall be subject to review by the supreme
court.
d. Any such municipal corporation or water district desiring to take
and receive water under the provisions of this section shall make
application to the commissioner of environmental protection in writing,
showing the place and manner in which it is proposed to make such
connections. Such commissioner shall have exclusive jurisdiction in the
premises, to the exclusion of any other board, officer, bureau or
department of the state or any subdivision thereof. It shall be the duty
of the commissioner to grant a permit or authorization for such
connections, under reasonable rules and regulations, including the
installation of proper meters or other devices for ascertaining the
quantity of water thus taken.
e. The daily quantity of water which may be taken and received by any
municipal corporation or water district under the provisions of this
section shall not exceed the quantity calculated by multiplying the
number of its inhabitants as shown by the last preceding census of the
United States or the last state or official municipal census by the
daily per capita consumption in the city of New York.
Section 24-361
§ 24-361 Change in sanitary sewers in city of Kingston, before water
taken from Esopus creek, Ulster county. In case any water shall be taken
under the provisions of this subchapter from the Esopus creek in the
county of Ulster, then and in that event and before any water shall be
diverted from such Esopus creek, the city of New York shall, at the
expense, cost and charge of the city and under a plan to be approved of
by the common council and the city engineer of the city of Kingston,
build, construct, reconstruct, alter or change the sanitary sewers of
such city of Kingston known as the first and eighth ward sewers, the
trunk sewer of which follows the general line of the Tannery brook in
such city of Kingston and which now discharges or flows into the Esopus
creek, so that the same shall discharge into the Hudson river or into
the Rondout creek. The city of New York shall be liable for all damages
of every name and nature which may result from the building,
construction, reconstruction, alteration or changing of such sewers, and
shall also at the expense, cost and charge of the city of New York, but
in the name of the city of Kingston, acquire by purchase or by the
condemnation proceedings provided for by this subchapter, all rights in
and over private lands in the city of Kingston, which it may be
necessary to acquire in order to build, construct, reconstruct, alter or
change such sewers. The city of New York in executing such plan, may use
for such purposes the public streets of the city of Kingston or any
right of way or easement that the city of Kingston now has for the
purpose of constructing or maintaining sewers.
Section 24-362
§ 24-362 Disposal of the sewage of the city of Port Jervis. a. The
city of New York, through the commissioner of environmental protection,
is hereby authorized and empowered to enter into a contract or
agreement, subject to the approval of the board of estimate, with the
municipal authorities of the city of Port Jervis, New York, to provide
for the treatment and disposition of the sewage of the city of Port
Jervis in such manner as may be provided for in said agreement and the
said municipal authorities of the city of Port Jervis are likewise
authorized and empowered hereby to enter into the agreement aforesaid.
b. The city of New York, through the commissioner of environmental
protection, subject to the approval of the board of estimate, is hereby
authorized and empowered to acquire by purchase, or by condemnation
pursuant to this subchapter, such real estate in the city of Port Jervis
or the county of Orange as may be necessary to carry into effect any
agreed plan for the treatment and disposition of the sewage of the city
of Port Jervis, and to convey any such real estate so acquired to the
city of Port Jervis, any special or general law to the contrary,
notwithstanding.
c. Before proceeding with the construction, the plans and
specifications therefor shall be submitted to the state department of
health for approval and a permit obtained from the state department of
health pursuant to the provisions of the public health law applicable
thereto.
Section 24-363
§ 24-363 Sewage disposal in Ulster, Delaware and Sullivan counties. a.
The city of New York, through the commissioner of environmental
protection, is hereby authorized and empowered, subject to the approval
of the board of estimate, the state department of health, and the
authorities of the town or village affected, or in the alternative the
supreme court in the judicial district in which the proposed sewers and
disposal works are to be located, to construct, maintain and operate
systems and plants for the collection, treatment and disposal of sewage
in any town or incorporated village in the Rondout creek and Delaware
river watersheds in the counties of Ulster, Delaware and Sullivan.
b. The city of New York, through the commissioner of environmental
protection, is hereby authorized and empowered, subject to the approval
of the board of estimate, to enter into contracts or agreements, where
practicable, with the municipal authorities of any towns or incorporated
villages within the Rondout creek and Delaware river watersheds, in the
counties of Ulster, Delaware and Sullivan, to provide, maintain and
operate systems and plants for the collection, treatment and disposal of
sewage in any such town or village, and the municpal authorities of any
such village or the town board of any such town are likewise authorized
and empowered to enter into such agreements with the city.
c. If it be deemed by the commissioner of environmental protection to
be impracticable to proceed in the manner provided in subdivision b of
this section, then the city may present a petition to the supreme court
in the judicial district in which such sewers or disposal works are to
be located, stating the proposed location of such sewers or disposal
plants, that the plans therefor have been approved by the state
department of health, and such other facts as may be proper in the
circumstances, together with a prayer for an order authorizing the
construction of such sewers or disposal works in accordance with such
plans. Notice of the time and place of presentation of such petition
shall be served on the authorities of the town or village where the
sewers or disposal works are to be constructed and on the state
department of health and posted in such town or village in at least ten
conspicuous public places at least ten days before the hearing on such
petition. Upon the presentation of such petition the court shall hear
the parties to such proceedings and also such other residents of such
towns or villages as desire to be heard. Such court may approve, modify
or reject the whole or any part of said plan, upon good and sufficient
cause therefor being shown and the order thereon shall be final.
d. The city, through the commissioner of environmental protection
subject to the approval of the board of estimate, is hereby authorized
and empowered to acquire by purchase or condemnation pursuant to this
subchapter, such real estate in the counties of Ulster, Delaware and
Sullivan as may be necessary to carry into effect any plan approved
pursuant to the provisions of this section for the collection, treatment
and disposal of the sewage of any village or town in said watersheds,
and to convey any such real estate so acquired to the village or town in
which it is located, any general, special or local law to the contrary,
notwithstanding.
e. When a sewerage system shall have been constructed, the city shall
lay and thereafter maintain such pipes as may be necessary from such
sewerage system to the outside of the foundation walls of buildings in
the area affected by the plans approved. The cost of such pipes shall be
paid by the city and in all cases where such pipes are so laid the owner
shall make no claim for damage for such entry on his or her property
unless the city shall have failed to replace and leave the surface and
all improvements in the same condition as they were before the laying of
such pipes.
f. When the city shall have constructed a sewerage system and shall
have laid the necessary pipes from such system to the outside of the
foundation wall of any such building, the owner of such building shall
cause the drainage and sewerage of such building to be connected with
and discharged into such pipes.
g. 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
the counties of Ulster, Delaware and Sullivan, to construct, maintain
and operate such sewers and disposal works, on the condition that they
shall cause the surface of such street, highway or road to be restored,
and all damages done thereto repaired.
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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