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a. The commissioner of environmental protection may issue permits to persons to construct sewers or drains, or to connect with any sewers or drains built in any street, at their own expense. Such permission shall be granted only upon the agreement, in writing, of the persons applying therefor:
2. That they will indemnify the city for any damages or costs to which it may be put by reason of injuries resulting from neglect or carelessness in the performance of the work so permitted;
3. That they or their successors in interest will make no claim against the city if the work so permitted shall be taken up by the city.
b. The commissioner of environmental protection, at any time, may revoke such permit and direct such sewers or drains to be taken up or removed.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.
a. The owners of private property at their cost and expense and in accordance with the provisions of section two hundred twenty-nine of the charter may construct sewers in the streets of the city by filing with the commissioner of environmental protection:
1. Plans and specifications of such sewer;
2. A duplicate copy of the contract for such construction, showing the cost thereof; and
3. A satisfactory guarantee to such commissioner of payment of the expense of supervision of such construction. Upon his or her approval of such plans, specifications and contract, the commissioner shall issue his or her permit for the construction of the proposed sewer.
b. The commissioner of environmental protection thereupon shall file copies of the documents listed in subdivision a with the department of city planning, which shall forward a copy within five days to the community board for the community district in which the property is located, to the appropriate borough board if the plans involve land located in two or more community districts, and to the council member, senator and member of assembly representing the district in which the property is located. Such commissioner shall apportion the cost of construction, according to actual benefit, between the several parcels of property abutting on each side of that part of the street through which the sewer is to be constructed.
c. Until title to such sewer vests in the city of New York, as hereinafter provided, the commissioner of environmental protection shall grant permits for connection with such sewer only to those owners or occupants of the property abutting on that part of the street in which such sewer has been laid who shall prove payment to the party or parties who constructed and paid for such sewer of their proportionate part of the cost and expense shall be paid without the addition of any interest charge. At such time as title to any such sewer shall vest in the city, owners or occupants of the property abutting on that part of the street in which such sewer has been laid who have not requested permission to connect with such sewer, and who have not made payment to the party or parties who constructed and paid for such sewer, shall have the right to connect with such sewer without payment of any part of the cost and expense of such sewer.
d. Except for the purpose of supervision, maintenance and use by the city in connection with its public sewer system, such sewer shall be deemed the private property of the parties or party who shall have paid for its construction. When the owners of all the property abutting on that part of the street in which any such sewer has been laid shall have paid their several shares of the cost of its construction, or when a period of seven years from the time of issuance of the permit pursuant to subdivision a hereof has elapsed, whichever is earlier, it shall be the property of the city. The city in no event shall be liable for any part of the cost and expense of construction of any such sewer.
e. It shall be unlawful for any person to represent to any prospective purchaser of property that a sewer constructed in any street is a city sewer unless such sewer shall have been constructed by the city in accordance with the legally adopted drainage plan of the city and/or accepted as a public sewer in accordance with the provisions of the code.
(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)
a. The commissioner of environmental protection shall prescribe the manner of opening sewers or drains and the form, size and material of which the connections therewith shall be composed.
b. It shall be unlawful to make a connection with any sewer or drain without the written permit of the commissioner of environmental protection, except that, in conjunction with the issuance of a permit for the construction or alteration of a structure within the curbline, the commissioner of buildings may issue a permit for connection with a sewer or drain. Such connection shall be in the manner prescribed by the commissioner of environmental protection. The commissioner issuing the permit shall require an applicant for such permit to demonstrate to his or her satisfaction that the proposed discharges to the sewer will be in compliance with section 24-523 of this chapter and the regulations promulgated pursuant to such section. For such purpose the commissioner issuing the permit may require the submission of plans, specifications and such other information as he or she may reasonably require.
c. When public sewers are made available, the individual on site private sewage disposal system or any other means of sewage disposal or discharge shall be abandoned in a manner prescribed by the commissioner of buildings. The building house sewer shall be connected to the available public sewer within six months of the date of notification that the sewer has been accepted to receive flow. As used in this subdivision the term "individual on site private sewage disposal system" shall mean a system of interconnected structures, units, pipes and devices, including a septic tank and an absorption area, which does not connect to the city sewer system, and which is used to collect, convey, treat and dispose water-flushed or water-carried domestic or commercial sewage on one tax lot.
d. Any person who violates subdivision c of this section, or any order issued by or rule promulgated by the commissioner pursuant thereto, shall be liable for a civil penalty in an amount not greater than five thousand dollars for each violation, which may be recovered in a proceeding before the environmental control board. A proceeding to recover any civil penalty authorized pursuant to this section shall be commenced by the service of a notice of violation returnable before the environmental control board, which shall have the power to impose the civil penalties prescribed herein.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1996/065.
a. As used in this section:
1. The term "agency having jurisdiction" shall mean the department of environmental protection.
2. The term "curb-to-sewer connection" shall mean the connection from the curb line to the sewer or to a sewer riser constructed with the sewer.
3. The term "cost" shall mean the actual cost of constructing each sewer-to-curb connection.
4. The term "curb line" shall mean the curb line determined pursuant to the resolution of the board of estimate establishing street and roadway widths.
b. The owner of any parcel of real property to be connected with the sewer system shall pay the cost of each curb-to-sewer connection serving such real property, if such curb-to-sewer connection was or shall be constructed in connection with the construction, reconstruction or replacement of a sewer duly authorized on or after January first, nineteen hundred sixty-two. Such cost shall become due and payable and shall constitute a lien against such property when the amount thereof shall have been computed by the agency having jurisdiction and an entry thereof shall have been made against such premises in the office of the city collector in the book in which charges for curb-to-sewer connections are to be entered. A notice thereof, stating the amount due and the nature of the charge shall be mailed by the city collector, within five days after such entry, to the last known address of the person whose name appears upon the records in the office of the city collector as being the person designated by the owner to receive tax bills or where no name appears, to the premises addressed to either the owner or the agent, together with a statement that if such charge is not paid within ninety days from the date of entry the amount thereof with interest thereon at the rate of seven percent per annum, to be calculated to the date of payment from the date of entry, will constitute, until paid, a lien against the premises which shall be prior and superior to every other lien or claim except the lien of an existing tax, water rent, sewer rent, sewer surcharge or local assessment. If such charge is not paid within ninety days from the date of entry, it shall be the duty of the city collector to collect and receive interest thereon at the rate of seven percent per annum, to be calculated to the date of payment from the date of entry. Such charge and the interest thereon shall continue to be, until paid, a lien on the premises served by such curb-to-sewer connection. Such charge and interest shall be calculated and the lien thereof may be foreclosed in the manner provided by law for the collection and foreclosure of the lien of taxes, sewer rents, sewer surcharges and water rents due and payable to the city, and the provisions of the code applicable to the collection and foreclosure of the lien of such taxes, sewer rents, sewer surcharges and water rents shall apply to such charge and the interest thereon and the lien thereof. Such lien shall be prior and superior to every other lien or claim except the lien of an existing tax, water rent, sewer rent, sewer surcharge, or local assessment. The provisions of section 11-307 of the code applicable to the payment of assessments shall also apply to the charge established pursuant to this section.
c. Nothing contained in this section shall affect, impair or diminish the duty, obligation and responsibility of the owner of real property connected with the sewer system at his or her own cost and expense: (1) to maintain any curb-to-sewer connection serving such real property; and (2) to repair, reconstruct or replace such curb-to-sewer connection except when the necessity for such repair, reconstruction or replacement is caused by the reconstruction or replacement of the sewer or by any other construction work performed by the city.
d. The cost of constructing a curb-to-sewer connection in connection with the construction, reconstruction, or replacement of a sewer duly authorized on or after July first, nineteen hundred sixty-two, shall be paid initially out of the real property fund upon the authorization of the board of estimate. All sums received or collected in reimbursement of such cost pursuant to this section, including interest and penalties thereon, shall be paid into the real property fund. This subdivision shall not apply to or affect the manner of financing the cost of repairing, reconstructing or replacing a curb-to-sewer connection when such repair, reconstruction or replacement is necessary because of the reconstruction or replacement of the sewer or because of any other construction work performed by the city.
a. All openings into any sewers or drains, for the purpose of making connection therewith, from any house, cellar, vault, yard or other premises, shall be made by persons to be licensed by the commissioner of environmental protection to perform such work. Before being so licensed, such persons shall execute a bond to the city in the sum of one thousand dollars, with one or more sureties to be approved by such commissioner, conditioned:
1. That they will make all openings into any sewer or drain carefully and in the manner prescribed by such commissioner without injuring the same;
2. That they will leave no obstruction of any description whatever in the connection made by them;
3. That they will properly close up the sewer or drain around such connection and make no opening into the arch of any sewer or drain;
4. That they will faithfully comply with the provisions of section eighty-six of the charter, subchapter one of chapter one of title nineteen and sections 3-508 and 3-509 of the code;
5. That they will be responsible for any damages or injuries that may accrue to persons, animals or property, by reason of any opening in any street made by them or those in their employ;
6. That they will properly refill and ram the earth, suitably restore the pavement taken up for excavating, and repave the same should it settle or become out of order within six months thereafter. In case any person so licensed shall neglect to repair the pavement aforesaid, within twenty-four hours after being notified, the commissioner of transportation may cause the same to be done and charge the expense thereof to such licensee.
b. [Repealed.]
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.
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.
a. All overflow sewers deemed necessary for the relief of any main sewers may be discharged into the Gowanus canal or any other canal or inlet within, or water adjacent to, the city.
b. The city shall keep all canals free of any obstruction that may be occasioned by the discharge of such overflow sewers into them. For that purpose, the commissioner of environmental protection shall dredge the same from time to time.
All sewers emptying directly or indirectly into Newtown creek shall be closed and may be used only as tributaries to other sewers not emptying directly or indirectly into such creek; except that whenever, by reason of heavy rainfall or snow, the sewage and drainage emptying into the sewer in Johnson avenue, borough of Brooklyn, shall be more than such sewer or its extension will carry to the East river, the excess may be discharged into Newtown creek.
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