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.
a. All of the board of estimate lands, within the lines of former West 8th street between Surf avenue and the public beach, shown eliminated as a street and laid out as a park addition on map W-1817 adopted by the board of estimate on September twenty-second, nineteen hundred sixty-six, (Cal. No. 41), and shown as being closed and discontinued on map V-1818 adopted by the board of estimate on September twenty-second, nineteen hundred sixty-six, Cal. No. 29 and filed in the office of the register in Kings county on October twenty-seventh, nineteen hundred sixty-six as map No. 3859, are hereby discontinued as board of estimate lands and shall become park lands of the city.
b. There are reserved to the department of environmental protection sewer rights for the maintenance, repair and reconstruction of existing sanitary sewer and storm water sewers in the bed of the discontinued West 8th street, and subject to the condition that no structure of a permanent nature shall be erected over any of the existing sewers.
a. The commissioner of environmental protection shall devise and prepare a plan for the proper sewerage and drainage of the city, so far as the same has not already been done, for the purpose of thoroughly draining and carrying off water and other matter. He or she shall lay out the city into as many sewerage districts as he or she may deem necessary for such purpose, and shall determine and show, on suitable maps or plans:
1. The location, course, size and grade of each sewer and drain proposed for each of such districts;
2. The contemplated depth of such sewers and drains below the present surface and below the established grades of streets and avenues;
3. The proposed alterations and improvements in existing sewers;
4. Such other particulars as may be necessary for the purpose of exhibiting a complete plan of the proposed sewerage therein.
b. Such plan shall indicate the location and size of all sewage disposal works or plants, and the necessary appurtenances thereto, as determined by the department of environmental protection.
c. The commissioner of environmental protection shall submit such map or plan simultaneously to the department of health and mental hygiene, the director of city planning, each affected community board, the office of the appropriate borough president, the appropriate council member, and the appropriate senator and member of assembly. The department of health and mental hygiene shall review such map or plan with respect to the creation or abatement of any health hazard. Such department shall file a statement with the commissioner of environmental protection and the director of city planning, in relation to such map or plan, within fifteen days subsequent to such submission either approving or disapproving such map or plan.
d. The director of city planning shall review and determine the conformance of such map or plan with the city map, as adopted. Upon determination that such map or plan conforms with the city map, such director shall certify such determination to the commissioner of environmental protection. Unless the director shall file a statement with such commissioner in relation to such map or plan within thirty days subsequent to the submission of said map or plan, such map or plan shall be deemed to conform with the city map and shall constitute the certification thereof.
e. Copies of such map or plan as approved in accordance with the provisions of this section shall be filed by the commissioner of environmental protection in each county office of record, the community board for the community in which any portion of such map or plan is situated, the office of the borough president in which any portion of such map or plan is situated within the city of New York, the offices of the council member, senator and member of assembly representing a district in which any portion of such map or plan is situated within the city of New York, and in the offices of the department of transportation and department of health and mental hygiene of such city.
f. The commissioner of environmental protection shall submit semiannual reports to the mayor and the speaker of the council regarding the inspection, maintenance and repair of catch basins within the jurisdiction of the commissioner, disaggregated by community district. The first semiannual report shall cover the period from July 1, 2016, through December 31, 2016. Such reports shall include the number of catch basins inspected, the number of clogged or malfunctioning catch basins identified, the number of catch basins unclogged or repaired, whether the inspection was in response to a complaint, and the response time for resolution of any complaint. The commissioner of environmental protection shall also ensure that such catch basins are inspected, at a minimum, once every year, and are unclogged or repaired within nine days after an inspection or the receipt of a complaint about a clogged or malfunctioning catch basin. Catch basins not unclogged or repaired within nine days after an inspection or the receipt of a complaint shall be identified in the semiannual report.
(Am. L.L. 2015/048, 6/2/2015, eff. 7/1/2016; Am. 2022 N.Y. Laws Ch. 790, 12/28/2022, eff. 6/26/2023; Am. 2023 N.Y. Laws Ch. 98, 3/3/2023, eff. 3/3/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2015/048.
a. As used in this section, the following terms have the following meanings:
Confirmed sewer backup. The term “confirmed sewer backup” means a determination by the department that, upon field investigation by the department, a sewer backup complaint is associated with a condition in a sewer system. Such conditions may include surcharging, temporary overtaxing, blockages, or collapses.
Sewer system. The term “sewer system” means all sewers, drains, pipes, and appurtenances used to convey sewage and under the jurisdiction of the commissioner of environmental protection.
Unconfirmed sewer backup. The term “unconfirmed sewer backup” means a determination by the department that, upon field investigation by the department, a sewer backup complaint is associated with a condition other than a condition in a sewer system.
b. Where a confirmed sewer backup occurs, the commissioner shall ensure that the sewer segment causing the confirmed sewer backup is identified, inspected, and cleaned as necessary within 10 calendar days of a confirmation by the department of such backup.
c. Within 30 calendar days of an unconfirmed sewer backup, the department shall provide notice of such unconfirmed sewer backup to the person who submitted to the department the sewer backup complaint and to the resident of the property about which the complaint was made. Such notice shall provide, but need not be limited to, the following:
1. The department’s determination that the sewer backup complaint was not associated with a condition in a sewer system;
2. A statement that a backup complaint may be related to an adverse condition in a privately owned sewer, pipe, or appurtenance and that if backups continue then such owner should consider conducting an inspection of such privately owned sewer, pipe, or appurtenance; and
3. An informational pamphlet regarding potential causes of adverse conditions in privately owned sewers, pipes, and appurtenances that are used to convey sewage from a private property to a sewer system.
(L.L. 2019/060, 3/31/2019, eff. 3/31/2019; Am. L.L. 2024/123, 12/18/2024, eff. 12/18/2024)
a. As used in this section, the following terms have the following meanings:
Confirmed sewer backup. The term "confirmed sewer backup" means a sewer backup complaint that, upon field investigation by the department, is confirmed to be associated with a condition in a sewer system. Such conditions may include surcharging, temporary overtaxing, blockages, or collapses.
Sewer system. The term "sewer system" means all sewers, drains, pipes and appurtenances used to convey sewage and under the jurisdiction of the commissioner of environmental protection.
b. No later than June 30, 2025, and every 5 years thereafter, the commissioner of environmental protection shall submit to the mayor and the speaker of the council, and post on the department of environmental protection’s website, a plan to prevent confirmed sewer backups for the sewer system. Such plan shall include, but need not be limited to:
1. Confirmed sewer backup prevention and response measures;
2. Identifying areas with, on average, more than 1 confirmed sewer backup in a 12-month period;
3. Procedures targeting reductions in confirmed sewer backups in the portions of the sewer system most heavily impacted;
4. Procedures targeting reductions in recurring confirmed sewer backups;
5. A review of root control strategies of other municipalities; and following such review, the department may recommend root control strategies for private property owners;
6. A comprehensive grease management program including commercial establishments and residential households; and
7. Identifying areas where notices of claim filed with the comptroller during the preceding 5 years allege that a sewer backup has damaged persons or property, to the extent it is practicable for the department to review such notices.
(L.L. 2019/061, 3/31/2019, eff. 3/31/2019; Am. L.L. 2024/123, 12/18/2024, eff. 12/18/2024)
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