Section 24-514. Sewer rents

a.  Sewer  system,  defined. As used in this
  section the term "sewer system"  shall  mean  and  include  the  sewers,
  manholes,  intercepting  sewers,  sewage pumping, treatment and disposal
  works, and any other plants, works or equipment and  accessories  within
  the  city,  which  are used or useful in connection with the collection,
  treatment or disposal of sewage and waste, and which are owned, operated
  or maintained by the city as part of the public sewer system.
    b. Imposition and computation of sewer rent or charge. 1. In  addition
  to any other fees or charges provided by law, the owner of any parcel of
  real property connected with the sewer system, including but not limited
  to  real  property connected with the sewer system by means of a private
  sewer or drain emptying into the sewer system, shall pay a sewer rent or
  charge for the use of the sewer system. Such rent  or  charge  shall  be
  based on the water supplied to any such real property as measured by the
  amount  charged  for  such  water,  except as otherwise provided by this
  section. Such rent or charge shall be computed by  the  commissioner  of
  environmental  protection  in  accordance  with  the  provisions of this
  section.
    2. For any such property supplied with water from the municipal  water
  supply system the sewer rent or charge shall be equal in amount to sixty
  percent  of  the  charges  for water supplied to such property from such
  system.
    3. For any such property  supplied  with  water  by  a  private  water
  company, the commissioner of environmental protection shall, by rule and
  regulation,  subject  to  the approval of the board of estimate, fix the
  fraction of the charges for such water, which shall constitute the sewer
  rent for such property, so that  the  sewer  rent  or  charge  for  such
  property  shall,  as nearly as possible, be equivalent to the sewer rent
  or charge imposed under paragraph two of this subdivision  for  property
  supplied with water from the municipal water supply system.
    4.  If  any  such  property is supplied with river water or water from
  private wells, the sewer rent or charge for such property shall be equal
  in amount to sixty percent of the amount that would be charged  for  the
  quantity of water supplied from such sources if such water were supplied
  by the city at the rates charged for water supplied to metered premises.
  The commissioner of environmental protection shall estimate the quantity
  of  water supplied from such sources and shall compute the sewer rent or
  charge, on the basis of such estimated quantity, in accordance with  the
  provisions of this paragraph. However, if a water meter, approved by the
  commissioner of environmental protection, has been or shall be installed
  by  the  owner  or  occupant  of the premises to measure the quantity of
  water supplied from such sources, the quantity of water measured by such
  meter shall constitute the basis for computing the sewer rent or  charge
  in  accordance  with the provisions of this paragraph. In the event that
  such property supplied with river water or water from private  wells  is
  also  supplied with water from the municipal water supply system or by a
  private water company, the sewer rent or charge for such property  shall
  consist  of  the  rent or charge computed pursuant to this paragraph and
  the rent or charges computed in accordance with paragraph two  or  three
  of this subdivision as the case may be.
    5.  The  commissioner of environmental protection shall have the power
  to promulgate rules and regulations, subject  to  the  approval  of  the
  board of estimate, prescribing reasonable sewer rents or charges for any
  such  property  which is used for an industrial or commercial purpose of
  such a nature that water supplied to it cannot  be  entirely  discharged
  into  the sewer system. The sewer rent or charges prescribed pursuant to
  this paragraph shall be based, as far as practicable, upon the amount of
  sewage discharged into the sewer system as estimated by the commissioner

  of environmental protection, or where an  estimate  of  such  amount  is
  impracticable, upon any other basis bearing a reasonable relationship to
  the amount of sewage discharged into the sewer system.
    c.  Additional  rule  making powers. The commissioner of environmental
  protection shall have the  power  to  make  such  additional  rules  and
  regulations  as  may  be  necessary  to carry out the provisions of this
  section. Such rules and regulations shall be subject to approval by  the
  board of estimate.
    d.  Cooperation  by  private  persons,  water  companies,  and  public
  agencies.   The commissioner of  environmental  protection  may  require
  every  person  who owns or occupies real property within the city, every
  private water company supplying water to property within the  city,  and
  all  municipal  agencies,  officers, and employees to furnish him or her
  with such information as may be necessary to carry out the provisions of
  this section. Every such person, water  company,  or  municipal  agency,
  officer,   or   employee   shall  cooperate  with  the  commissioner  of
  environmental protection in carrying out the provisions of this  section
  and  shall comply with all rules and regulations promulgated pursuant to
  this section. Such commissioner  shall  have  the  power  to  hold  such
  hearings  and  to  subpoena  such witnesses and direct the production of
  such books and papers as may be necessary to carry out the provisions of
  this section.
    e. Exemptions from sewer rents or charges. Any real property which  is
  entitled  to  an  exemption  from  the payment of water rents or charges
  shall also be exempt from payment of the sewer rents or charges  imposed
  hereunder.
    f.  Payment and enforcement of sewer rents or charges. All sewer rents
  or charges imposed hereunder shall be due and payable at the  times  and
  in the manner provided in chapters three and four of title eleven of the
  code.  Such  rents  or  charges  shall  constitute  a lien upon the real
  property served by the sewer system and such lien  shall  be  prior  and
  superior  to  every  other  lien or claim except the lien of an existing
  tax, water rent or local assessment. Such  rents  or  charges  shall  be
  collected and the liens thereof may be foreclosed in the manner provided
  in chapters three and four of title eleven of this code.
    g.  Sewer  fund.  The  revenues derived from the sewer rentals imposed
  hereunder, including penalties and interest thereon, shall be kept in  a
  separate  and  distinct  fund  to  be known as the sewer fund. Such fund
  shall  be  used  for  the  payment  of  the  cost  of  the   management,
  maintenance,  operation  and  repair  of  the  sewer system, the cost of
  administering and enforcing the provisions of this section and the  cost
  of  collection  of  the  sewer  rents or charges imposed pursuant to the
  provisions of this section, and any surplus in such fund shall  be  used
  for  the  payment of the interest and amortization on any debt which has
  been or shall be incurred for the construction  of  intercepting  sewers
  and  sewage  treatment  and  disposal  works,  and  for the enlargement,
  replacement, or addition of  intercepting  sewers  or  sewage  treatment
  works. However, such funds shall not be used for the extension of sewers
  to serve unsewered areas.