2006 New York Code - 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 municpal 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.