§ 24-363 Sewage disposal in Ulster, Delaware and Sullivan counties.
AC § 24-363
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.
