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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.
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.
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 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.
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.
Subchapter 4: Water Supply; Miscellaneous
The commissioner of environmental protection may, subject to the approval of the board of estimate, utilize such water as the department of environmental protection now owns or as it may hereafter acquire, for the purpose of generating electric current for the use of the municipality, or may permit the utilization of such water for the generation and sale of electric current by an electric corporation which was the owner of a developed or undeveloped water power site or sites affected, acquired or damaged by the execution of a plan or project of the city for an additional water supply, and the commissioner of environmental protection, with the approval of the board of estimate, in connection with the settlement of a resultant claim for damage made by such electric corporation, may grant or lease to such electric corporation for periods not to exceed fifty years, rights in, or to use, the lands and waters of the city for the generation of electric current as herein provided, for such consideration and on such terms and conditions as are, in the opinion of the commissioner, in the best interests of the city of New York, including but not limited to a general release of such claim, provided that such grant or lease may be made at the time of settlement of the claim as above provided but the period of use under the terms of the lease or grant, not to exceed fifty years, may commence when generation of electric current thereunder shall begin, provided that no additional water shall be used for such purpose than would otherwise be required by the city.
Whenever for the purposes of this subchapter it shall be necessary to use any land or premises, or any portion thereof, now occupied by graves, burial places, cemeteries or other places of interment of human remains, such graves, burial places, cemeteries or other places of interment of human remains and the human remains located therein, shall be removed and disposed of in the following manner:
1. The city having acquired title to the land where burial places are situated shall cause a notice to be published once in each week for four successive weeks in two newspapers published in the county where such burial place or places are situated, which such notice shall be substantially as follows: "Please take notice that the undersigned hereby intends to make application relating to the removal of all the remains, all the monuments and all other distinguishing marks from the cemetery or burial place located in the town of __________________ county of ____________ known as ____________ not less than sixty days after (the last publication date of this notice) for an order pursuant to subchapter four of chapter three of title twenty-four of the administrative code of the city of New York; Please take further notice that any and all person or persons legally entitled to direct as to the disposition of the above may remove the same to any other cemetery or burial place within the same or an adjoining county within sixty days after (the last publication date of this notice) if they so elect upon informing the commissioner of environmental protection in writing of the cemetery or burial place in which said remains are to be reinterred and to which the monuments and other distinguishing marks are to be moved.
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Corporation counsel of the city of New York."
2. Not less than sixty days after the last publication date of said notice, the corporation counsel shall make an application to a special term of the supreme court in the same judicial district in which the cemetery or burial place is located for an order authorizing such removal of said remains, monuments and all other distinguishing marks to a cemetery or burial place in the same or an adjoining county from that in which said cemetery or burial place is located. Such order shall be made upon due proof of not less than ten days' notice to interested parties who have appeared by attorney, or who have filed appearances in writing with the corporation counsel, and of proof of publication of notice of such application once in each week for four weeks in each of two newspapers published in the county where such cemetery or burial place is situated, immediately prior to application to the supreme court. Such notice shall briefly set forth the time and place of the making of such application and a designation of the cemetery or burial place to which said remains, monuments and distinguishing marks are sought to be removed. All removals and transportation of such human remains shall be done in accordance with the provisions of the public health law and the local rules or ordinances of any town, city or village wherein such cemetery or burial place is located, or wherein any of such remains may be interred. The commissioner of environmental protection on behalf of the city may acquire by purchase such other lands as may be necessary within the county where such cemetery or burial place is located, or in an adjoining county, for the purpose of properly interring such removed remains, which lands shall be acquired with the approval of the supreme court in the same judicial district as that in which the condemnation proceedings were originally instituted. In the acquisition of such lands no cemetery or burial place shall be divided and the acreage acquired must be at least substantially equal to the acreage taken. The commissioner of environmental protection on behalf of the city may also acquire other lands within the county wherein such cemetery or burial place is located, or in an adjoining county, for the purpose of properly interring and removing such remains, in the same manner as provided by this subchapter for the acquisition of water supply and other lands but such acquisition of such lands shall be subject to approval of the supreme court. No lands shall be acquired within the corporate limits of a village or city except within the bounds of an existing cemetery unless by consent of the board of trustees of the village or common council of the city or other authorities within such village or city occupying similar positions as trustees or aldermen, respectively. The supreme court, upon application for the confirmation of the report of the commissioners, shall make inquiry as to the rights of individual lot owners in cemeteries and provide for the protection of such rights as justice shall require. All the bodies removed by said commissioner of environmental protection shall, when distinguishable, be encased each in a separate box or coffin, and each monument, head stone, foot stone, slab, board or other designating or distinguishing mark shall be properly removed and reset at the grave of each body at the time of such reinterment. Members of the same family shall be reinterred in contiguous graves. Whenever any person or persons, legally entitled to direct as to the disposition of any human remains now interred in a cemetery or burial place, shall request, in writing, within the sixty day period aforesaid, the burial of such remains in a cemetery in the same or an adjoining county, the commissioner shall cause such remains to be reinterred where requested within the same county or in adjoining county, and shall carefully and properly remove such remains to such burial plot and properly reinter the same, and in the event that any human remains be removed to, and reinterred in any other place other than that acquired as herein provided, no portion of the expense for the acquisition of any other grave, graves, or other place or places of burial shall be borne by the city, but in such event the city shall bear only the expense of removal and transportation of such remains. Whenever there is no request to remove remains within the sixty day period as hereinbefore provided, the corporation counsel shall apply for an order authorizing such removal in the manner herein provided. Whenever any person or persons legally entitled to direct as to the disposition of any human remains exhumed or to be exhumed from any cemetery or burial place as herein provided, elect to remove the same for reinterment to any burial plot or cemetery not within the same county from which such remains were exhumed, or in an adjoining county, such person or persons so entitled to designate such other burial place or plot shall be permitted to remove such exhumed remains from such county, subject to the provisions of the public health law, and the local rules or ordinances of any town, city or village wherein such cemetery or burial place shall be located, or wherein such human remains may be reinterred, but no portion of the expense of such transportation or burial shall be borne by the commissioner of environmental protection. When any lands acquired for the purposes of reinterment of human remains as herein provided, to which shall have been removed all remains exhumed from a cemetery or burial place belonging to an individual or individuals, or to a corporation organized under the religious corporations law, the not-for-profit corporation law or by special act, or belonging to a town, village or city, the board of estimate of the city of New York shall, after reinterment, execute and deliver, without expense to the prior owner, if an individual, or if such prior owner be a corporation, to the trustees or other governing body of such corporation, by whatsoever name or title they may hold office, or to the board of trustees, if any, of a town burial ground, and to their successors in office, a quit claim deed covering the lands so acquired, together with all structures erected thereon, and where lands have been acquired for the purpose of reinterment of human remains exhumed from a public or private cemetery or burial place which shall have been used by the inhabitants of any town in this state as a cemetery or burial place for the space of fourteen years and not having a board of trustees pursuant to the provisions of the town law, the board of estimate of the city of New York shall, after reinterment, execute and deliver, and without expense to the grantee therefor a quit claim deed or other proper release to such town wherein such lands so acquired as provided by this section may be situated, and such cemetery or burial place shall from and after the execution and delivery thereof be deemed to be vested in such town, and shall be subject, in the same manner as other corporate property of towns, to the government and direction of directors in town meeting, excepting, however, that where such lands so acquired for the purposes set forth in this section are situated within the limits of a village or city, such quit claim deed or release herein provided for shall be executed and delivered to such village or city and thereafter be and become property of such village or city and subject to the laws governing such village or city. From and after the execution and delivery by the board of estimate as by this section provided, of the quit claim deed or release, the city of New York shall be divested of all right and title to said lands so quit claimed or released and shall not thereafter be liable for the care, custody, maintenance and control thereof. This section does not limit any existing right of burial or removal of remains under other provisions of law applicable thereto. Nothing herein contained shall impose any duty whatsoever upon the city of New York for the care, custody, maintenance and control of any burial grounds, cemeteries or other places of interment for human remains.
a. The department shall undertake a resource assessment of the city's potable water supply and wastewater treatment systems and the natural bodies of water within the city's jurisdiction to determine the potential of such systems and bodies of water for generating electricity. In performing such assessment the department shall include an examination of the potential to construct and operate energy generating facilities within such systems and natural bodies of water; the means for transmitting the electricity generated; the need to construct and operate generation-related infrastructure; grid-connection issues; generation system installation and maintenance costs; and risks to the operation of water supply and wastewater treatment systems and natural bodies of water posed by energy-generating facilities.
b. The department shall conduct a technological review of in-conduit and free-flow hydropower technologies that are appropriate for the pressure and water flow rates for each site identified in the resource assessment.
c. With information gathered during the resource assessment and technological review, the department shall conduct an economic analysis to determine the economic viability of generating electricity for each site identified in the resource assessment.
d. The resource assessment, technological review and economic analysis shall be completed within eighteen months of the effective date of the local law that added this section and shall be submitted to the mayor and the speaker of the council.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2012/024.
a. Whenever soil or foundation work, as defined in chapter 33 of the New York city building code, for any purpose, is proposed to a depth greater than 50 feet in the borough of the Bronx or on or north of 135th Street in the borough of Manhattan, or greater than 100 feet in the borough of Brooklyn, Queens, or Staten Island or south of 135th Street in the borough of Manhattan, the owner of the premises, engineer, architect or contractor shall notify the department of environmental protection of the location of such activity at least 30 business days prior to commencement of such activity. Within 10 business days of receiving such notification, the department shall determine whether the location of such activity is in close proximity to critical infrastructure, as defined in rules promulgated by the department, and notify the owner of the premises, engineer, architect or contractor of such determination. If the department determines that the location of such activity is in close proximity to critical infrastructure, the owner of the premises, engineer, architect or contractor shall obtain a permit from the department prior to commencement of such activity. The issuance of any permit or approval by any agency of the city other than the department for such activity shall not relieve the owner of the premises, engineer, architect or contractor of the obligation to comply with the notification and permitting requirements of this section. The department may promulgate a rule waiving or amending the notification and permitting requirements of this section where the department determines that such activity must be performed on an emergency basis.
b. 1. The department may issue a stop work order whenever the department finds that any soil or foundation work in violation of this section or any rules promulgated thereunder creates a danger to critical infrastructure.
2. Such order shall be posted at the site of the soil or foundation work and served personally on or mailed to the owner or developer or to the person executing the work at the site or the agent of any of them. When there is an immediate danger to critical infrastructure, a verbal order to stop work may be given followed promptly by a written order in accordance with this subdivision.
3. Upon issuance of a stop work order, work specified in the order shall immediately cease, except work authorized or required by the commissioner to make the site safe.
4. No person shall, with knowledge or notice of a stop work order, allow, authorize, promote, continue or cause to be continued any work covered by the stop work order, except work authorized or required by the commissioner to make the site safe.
5. Upon application in accordance with the rules of the department, the commissioner shall rescind the stop work order where the commissioner finds (i) that the condition that gave rise to its issuance has been corrected and either all civil penalties or criminal fines assessed for any violation of such order have been paid or, where a violation is pending, security for the payment of such penalties or fines has been posted or, (ii) where the stop work order was issued in error or conditions are such that the order should not have been issued. The commissioner may by rule require the payment of a fee in the amount of the expense of additional inspection and administrative expense related to such stop work order.
6. It shall be unlawful to tamper with, remove or deface a written posted stop work order from the location where it was affixed unless and until such stop work order has been rescinded by the commissioner. The owner or other person in control of the location shall ensure that the stop work order remains posted until rescinded by the commissioner.
(L.L. 2018/065, 1/19/2018, eff. 1/19/2019)
a. Notwithstanding any contrary provision of chapter 5 of title 23, the commissioner of environmental protection shall create and maintain a searchable online database through which members of the public who register and pay a periodic subscription fee, as established by the department, may access information about a water account in any commercial, residential and industrial property, however such database shall be subject to the exceptions provided in subdivision b. Such database shall be available on or through the city's website, in a non-proprietary format that permits automated processing, have the ability to produce reports by query, be accessible through an application programming interface and include all non-confidential information maintained in connection with such water account, including, but not necessarily limited to, the following:
1. Water meter number, as designated by the 8-digit serial number on such meter;
2. Date and copy of the bill of every bill issued for such water account, including metered billing and flat rate accounts and accounts billed attributed consumption charges, to the extent such bill is available to the customer for such water account on the portal provided to such customer;
3. Reading of such water meter, as recorded by the department, to the extent such reading is available to the department;
4. Total amount of water used pursuant to the reading described in paragraph 3 of this subdivision;
5. Current account balance for such water account, including open late payment charges;
6. Payment history dating back at least 5 years;
7. Date such water meter was installed and date such water meter was sealed, to the extent such dates are available;
8. Size of such water meter, in cubic feet;
9. Cumulative denial-of-access fees; and
10. Cumulative theft-of-service fees.
b. Such database shall not provide access to properties in tax class one with three or fewer dwelling units, to any person other than the owner of such property, a party or entity authorized by the property owner, a party appearing on the deed of such property, or any lender with an unpaid mortgage encumbering the property, provided that such property owners shall not be required to pay to register to access information in such database concerning said properties.
c. The database shall maintain the information required by subdivision a for any water meter that has been replaced.
d. The database shall include the information required by subdivision a starting from January 1, 1996 or the date the water meter was installed, whichever is later.
(L.L. 2021/145, 12/11/2021, eff. 4/10/2022)