Section 24-501. Sewage disposal to protect water supply  


Latest version.
  • a.  1.  The
      commissioner of environmental protection is authorized and empowered  to
      enter  into  a  contract  or  agreement,  subject to the approval of the
      mayor, with the appropriate authorities of the following localities:
        (a) The town board of any town and the municipal  authorities  of  any
      village within the Croton watershed in the county of Westchester,
        (b) The authorities of the town of Carmel, Putnam county,
        (c)  The  municipal  authorities  of  the  village of Brewster, Putnam
      county, to provide for the disposal of the sewage of any town or village
      within the Croton watershed, of one or more villages or sewer  districts
      within the town of Carmel, and of the village of Brewster, in the manner
      provided  for  in such agreement. The town board of any such town or the
      municipal authorities of any such village are  likewise  authorized  and
      empowered  to  enter  into  such  agreement.  They  may  provide in such
      contract or agreement that all persons within the area  affected  owning
      buildings  on  streets where sewers are, or may hereafter be constructed
      or located under such agreement,  or  any  modification  thereof,  shall
      connect  with  the  sewer  systems  as  provided  in  such  contract  or
      agreement.
        2. In the event of the failure  of  any  such  person  or  persons  to
      connect  with  any sewer system and the failure of the town board of any
      such town or the municipal authorities of any  such  village  to  compel
      such  person  or  persons to connect with such sewer system within sixty
      days after notice and demand, the city shall have  the  right  to  cause
      such  connection  to  be  made  at  the  expense of the owner failing or
      neglecting to connect with such sewer system. The expense of making  any
      such  connection  may  be  recovered  by the city in a suit in any court
      having competent jurisdiction.
        3. With respect to the town of Carmel, such contract or agreement  may
      authorize  or  require  the construction, operation and maintenance of a
      sewage disposal plant, equipment and facilities for the  disposition  of
      the  sewage  of  one  or more villages or sewer districts in the town of
      Carmel or the  extension,  improvement,  operation  and  maintenance  of
      existing plants, if any, for such purpose. The town board of the town of
      Carmel  is  hereby  authorized  to  contract  between  one or more sewer
      districts or between  one  or  more  villages  and  one  or  more  sewer
      districts  for  any  trunk sewer lines or laterals thereof to convey the
      sewage of such village, villages, district, or districts to  a  disposal
      plant  operated  by  any district, village or municipality. The cost and
      expense of such trunk sewer, pumping station or appurtenant works  shall
      be  apportioned  by the town board of the town of Carmel pro rata to the
      volume of sewage or population, or both, of the area benefited.
        b. 1. The commissioner of environmental protection is  authorized  and
      empowered, subject to the approval of the mayor, to enter into contracts
      or   agreements   with   the  municipal  authorities  of  any  towns  or
      incorporated villages within the Esopus and Schoharie watersheds, in the
      counties of Ulster, Delaware, Schoharie and Greene, to provide, maintain
      and operate systems and plants for the collection and disposal of sewage
      in any such town or village.  The  municipal  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.
        2. 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
      containing  water-using  sanitary plumbing. 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.
        3.  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  building  containing  water-using  sanitary
      plumbing, the owner of  such  building  shall  cause  the  drainage  and
      sewerage  of such building to be connected with and discharged into such
      pipes.
        4. Upon the approval of the state engineer of the plans for any system
      of sewerage and  disposal  works  prepared  pursuant  to  any  agreement
      entered  into under the provisions of paragraph one of this subdivision,
      and  upon  the  filing  of  such  plans  in  the  office  of  the  state
      commissioner of health and of the town clerks in the towns in which such
      sewers  and disposal works are located, the city is granted the right to
      such reasonable use of the highways, roads,  streets  and  other  public
      property  of  any  county,  village or town through which such sewer may
      pass or in which any part thereof may be located as may be necessary  to
      construct, maintain and operate such sewer and disposal works. Where the
      route  of  such  sewer follows any state highway, county highway or town
      road, such highway or road shall be replaced and repaired by the city to
      the satisfaction of the department, body or official having jurisdiction
      thereover.
        c. Notwithstanding any provision of any general, special or local  law
      or  of  any  charter,  the  commissioner  of environmental protection is
      hereby authorized and empowered to enter into a contract  or  agreement,
      subject  to  the  approval  of the mayor, with the governing body of the
      county of Westchester, to provide for the disposal of the sewage of  any
      municipality  located in the county of Westchester wherein such disposal
      is required to protect the water supply of the city  of  New  York.  The
      governing  body  of the county of Westchester is likewise authorized and
      empowered to enter into such contract or agreement.