Water Supply to Other Municipalities

NYC Admin. Code tit. 24, ch. 3, subch. 3

in effect

NYC Admin. Code § 24-360 Water supply to municipalities other than New York city; connections; charges; regulations; quantity to be taken.

§ 24-360 Water supply to municipalities other than New York city; connections; charges; regulations; quantity to be taken. 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.

NYC Admin. Code § 24-361 Change in sanitary sewers in city of Kingston, before water taken from Esopus creek, Ulster county.

§ 24-361 Change in sanitary sewers in city of Kingston, before water taken from Esopus creek, Ulster county. 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.

NYC Admin. Code § 24-362 Disposal of the sewage of the city of Port Jervis.

§ 24-362 Disposal of the sewage of the city of Port Jervis. 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.

NYC Admin. Code § 24-363 Sewage disposal in Ulster, Delaware and Sullivan counties.

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

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-44779Fetched: 10/24/2026