Section 24-522. Maintenance of private sewers or drains located in public property or in private or public streets and emptying into the public sewer system  


Latest version.
  • a. As used in this section:    1.  The  term "private sewer or drain" shall mean any private sewer or
      drain located in public property or in any public or private  street  or
      streets and emptying into the public sewer system, but shall not include
      a curb-to-sewer connection as defined in section 24-512 of the code or a
      house sewer connection.
        2.  The  term  "private street" shall mean a privately owned street in
      which the public has a right of user not subject to  revocation  by  the
      owner thereof.
        b. Notwithstanding any other provision of law, it shall be the duty of
      the   department  of  environmental  protection  to  control,  maintain,
      supervise and repair, and to inspect  periodically,  private  sewers  or
      drains  as  defined in subdivision a hereof, provided, however, that the
      department shall have no obligation or duty to  replace  or  reconstruct
      any  such  sewer  or  drain.  The  cost  of  such  control, maintenance,
      supervision, repair and inspection shall be borne by  the  city,  within
      the amounts duly appropriated therefor.
        c.  Right  of  entry. 1. The commissioner of environmental protection,
      his or her  deputies  and  any  other  officers  and  employees  of  the
      department   of   environmental  protection,  when  authorized  by  such
      commissioner, may enter upon public or private  property  and  bring  in
      necessary  equipment  at reasonable hours, for the purpose of exercising
      the powers or  performing  the  duties  of  the  department  under  this
      section.  Refusal  to permit such entry or equipment shall be punishable
      as provided in section 24-524 of this chapter.
        2. The owner of any parcel of real property connected  to  the  public
      sewer  system,  as  a  condition  precedent  to  the continuance of such
      connection, and the owner of any  parcel  of  real  property  who  makes
      application or causes an application to be made on his or her behalf for
      connection with the public sewer system, as a condition precedent to the
      granting  of  permission  for  such  connection, shall be deemed to have
      consented and agreed that the commissioner of  environmental  protection
      and  his  or  her  deputies  and such other officers or employees of the
      department  of  environmental  protection  as  are  authorized  by  such
      commissioner may, without fee or hindrance, enter the premises connected
      with  the  sewer  system, or any part thereof and bring in any necessary
      equipment at proper or reasonable hours for the  purpose  of  exercising
      the powers and duties of such department prescribed by this section.