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a. It shall be the duty of the commissioner of environmental protection to provide proper police protection to the inhabitants of the localities in which any work may be constructed under the authority of this subchapter during the period of construction, against the acts or omissions of persons employed on such works or found in their neighborhood. To that end the commissioner is authorized and required to appoint a sufficient number of persons to adequately police such localities for such periods. The commissioner shall also have power to remove such persons and to fix or change their compensation in his or her discretion, which compensation shall be paid by the city upon a certificate of the commissioner, as part of the expense authorized to be incurred by this subchapter.
b. The commissioner of environmental protection shall give to each person so appointed a certificate of appointment and certified copies thereof, one of which shall be filed in the office of the sheriff of each county in which any work shall be in process of construction under this subchapter and in which such person shall be authorized to perform that person's duties. Each person so appointed shall be and have all the powers of a peace officer in the county where any work is being constructed under the authority of this subchapter. Such person shall at all times when on duty wear upon his or her clothing or have in his or her possession a shield or other suitable badge of authority which such person shall at once exhibit to any person asking therefor.
c. It shall be the special duty of the persons so appointed to prevent breaches of the peace and unlawful depredations and to arrest and bring before the proper magistrates persons employed on such works or found in the vicinity thereof, who are guilty of offenses against the law punishable by death, imprisonment or fines, or persons whom they may have reasonable cause to believe to be guilty of such offenses.
d. The sheriff of a county wherein a certificate of appointment of any such person as a peace officer is filed may cancel such certificate for cause, and shall immediately give notice in writing of such cancellation to the commissioner of environmental protection, specifying the cause of such revocation. Such notice may be given by mail. On such cancellation the authority of such person as a peace officer shall immediately cease.
e. Any expense necessarily incurred by a county, town or city in a criminal action or proceeding against any person employed on any works constructed or in process of construction under this subchapter, or in the suppression of riots among persons employed on such work, or in the prevention of the commission of crime by such person, after being duly audited, as required by law, shall constitute a claim in favor of such county, town or city against the city of New York and an action may be maintained on such audit as for money paid to the use of the city.
a. The city is hereby required to build and construct such highways and bridges as may be made necessary by the construction of any reservoir under this subchapter, and to repair and forever maintain such additional highways and bridges and to remove the snow and to sand the highway surfaces whenever necessary, except such as shall be part of any state route; and in case any bridge or highway thus constructed shall cross any railroad, it shall do so above or below such railroad and not upon the same level. The plans and specifications for any highways required to be constructed under the provisions of this section shall be approved by the state department of transportation.
b. The commissioner of environmental protection shall make such reasonable rules and regulations, not in conflict with the highway law, as may be necessary to prevent improper and destructive use of highways and bridges constructed under the provisions of the water supply laws of the city of New York. Provided, however, that the commissioner of environmental protection shall have no greater authority in respect thereto than is now, or may hereafter be, vested by the highway law of the state of New York in the town, county or state authorities in relation to the construction and regulation of town, county and state highways. Any individual or corporation failing to observe such rules and regulations shall be guilty of a misdemeanor and, in addition, shall be liable for actual damages to such highways and bridges, to be recovered by the city.
c. The state commissioner of transportation, in his or her discretion, shall have the power to perform, at the request of the commissioner of environmental protection and at the expense of the city, any work of original construction of substituting routes required to be performed by the city pursuant to this section. Whenever the state commissioner of transportation shall grant such a request of the commissioner of environmental protection, he or she shall prepare and submit to such commissioner of environmental protection for his or her approval an estimate of the cost of performing such work. Such estimate of cost shall be an estimate of the cost of performing such work of construction pursuant to plans, designs and specifications prepared by the commissioner of environmental protection and approved by the state commissioner of transportation, and shall include all costs in connection with performing such work, including the costs of engineering, auditing and administration. Upon approval of such estimate by the commissioner of environmental protection, the city shall thereupon deposit with the state comptroller, who is authorized to receive and accept the same, for the purpose of this subdivision, a sum of money equal to such estimate, which shall be subject to the draft or requisition of the state commissioner of transportation and a copy of the resolution of such commissioner of environmental protection authorizing such deposit shall be filed with the state commissioner of transportation and with the state comptroller. If, at any time prior to the award of a contract for the performance of such work or prior to the state commissioner of transportation becoming obligated to award such a contract, it appears to such commissioner of environmental protection that the state commissioner of transportation, for any reason, will be unable to award a contract for the performance of such work or that it is undesirable that such a contract be awarded, any sum or sums so deposited by the city, less the amount of cost which the state commissioner of transportation has already incurred, if any, shall be refunded to the city by the state comptroller upon demand of such commissioner of environmental protection made to the state comptroller and to the state commissioner of transportation. The performance of any such work of construction shall be by contract, to be let, so far as practicable, in the manner provided by section thirty-eight of the highway law, which section shall, so far as practicable, apply to contracts hereunder and payments thereon. Such contract shall be subject to and in conformity with such plans, designs and specifications of the commissioner of environmental protection. No contract shall be executed for any such work until satisfactory proof has been furnished to the state commissioner of transportation that the city has made available any real property required and any easements deemed necessary. When work performed by the state commissioner of transportation hereunder has been completed and the cost thereof paid, the state commissioner of transportation shall render to the commissioner of environmental protection an itemized statement showing in full (a) the amount of money which has been deposited by the city with the state comptroller in connection with such work, and (b) all disbursements made by the state commissioner of transportation in connection with the performance of such work. Any surplus money shall be paid to the city upon the warrant of the state comptroller upon vouchers therefor approved by the state commissioner of transportation.
The commissioner of environmental protection shall in every calendar month file in the office of the comptroller an account of any expenses made by the commissioner, or under the commissioner's authority, and of all liabilities incurred by the commissioner during the preceding month and an abstract of each such account shall be published in the City Record.
The city or its representatives shall not enter upon any lands not taken in pursuance of subchapter three-A of chapter three of title five for the purpose of preserving streams or watercourses from pollution or contamination, or of moving or causing to be moved any buildings, improvements or edifices on the ground that the same may contaminate the water supply, without making a provision for just compensation to the owner of such buildings or improvements for the removal or destruction thereof.
Nothing herein contained shall authorize or empower the city to prohibit the public from using such lakes or reservoirs that may be constructed under the provisions of this subchapter, for the purpose of ice-cutting or fishing; and the city, or its representatives, shall not hereafter prohibit the public from using such lakes or reservoirs which are now under the care or supervision of the city for the purposes of ice-cutting or fishing, subject, however, to reasonable rules and regulations, 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.
Subchapter 3: Water Supply to Other Municipalities
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.
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.
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