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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.
It shall be unlawful for any person to injure, break or remove any portion of a receiving basin, covering, flag, manhole, vent, sewer, sewage disposal plant or drain, to obstruct the mouth of a sewer or drain, or to place or deposit any substance exceeding one ton in weight upon any wharf or bulkhead through which a sewer or drain has been laid or upon or over any sewer or drain where the same shall be within three feet of the surface of the street.
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