2012 New York Consolidated Laws
PBA - Public Authorities
Article 8 - MISCELLANEOUS AUTHORITIES
Title 29 - (2700 - 2724) DEVELOPMENT AUTHORITY OF THE NORTH COUNTRY ACT
2709 - Special powers with regard to sewerage facilities.

 
    §  2709.  Special  powers  with  regard  to  sewerage  facilities. The
  authority shall have power:
    1. to acquire, construct, purchase  or  lease,  in  the  name  of  the
  authority, any sewerage facility, sewer system, including plants, works,
  instrumentalities  or  parts  thereof  and appurtenances thereto, lands,
  easements, rights in land  and  water  rights,  rights-of-way,  contract
  rights,  franchises,  approaches,  connections  and  pipe lines, pumping
  stations and equipment or any other property incidental to and  included
  in  such sewerage facility system or part thereof, and any improvements,
  extensions and betterments, situated within the  participating  counties
  for  the purpose providing adequate sanitary and storm water drainage to
  users, including the United States, within the  participating  counties;
  and  as  a  means  of  so acquiring for such purposes, the authority may
  purchase all of the assets of  any  existing  privately  owned  sewerage
  corporation or company;
    2.  to  have and take ownership, jurisdiction, control, possession and
  supervision  of  any  existing  sewer  system  and  any  sewer  facility
  financed,  constructed  or acquired pursuant to this title; to maintain,
  operate, reconstruct and improve the same as  a  comprehensive  sewerage
  system and to make additions, betterments and extensions thereto, and to
  have all the rights, privileges and jurisdiction necessary or proper for
  carrying  such power into execution. No enumeration of powers in this or
  any other general, special or local law shall operate  to  restrict  the
  meaning  of  this  general  grant  of  power  or to exclude other powers
  comprehended within this general grant;
    3. to  dispose  of  the  sewage  and  waste  of  all  persons,  public
  corporations,  the  state,  and  the  United States in the participating
  counties;
    4. upon the filing by the governing body of any municipality within  a
  participating  county  with  the  secretary of state of the state of New
  York, of its certificate delineating the existing sewer system and  such
  municipality's  intention  and  desire  to  transfer  the existing sewer
  system to the authority, thereupon, and by virtue  of  this  title,  the
  existing  sewer system, together with all contracts, books, maps, plans,
  papers and records of whatever description  pertaining  to  subjects  or
  matters  relating  to the design, construction, operation and affairs of
  the existing sewer system shall be assigned, transferred  and  dedicated
  to  the  use  of and be in the possession of and under the jurisdiction,
  control and supervision of the authority and the authority is  empowered
  to  take  possession  thereof  for  its uses and purposes. The authority
  shall thereafter have complete  jurisdiction,  control,  possession  and
  supervision  of  the  existing sewer system and of all the facilities in
  the municipality for the disposal of sewerage and storm water, and shall
  continue to exercise such power for a period not to exceed thirty  years
  as  contained  in  such certificate and so long thereafter as any of the
  bonds and liabilities of the authority shall remain unpaid or shall  not
  have otherwise been discharged. When all of the bonds and liabilities of
  the  authority shall have been paid in full or shall have otherwise been
  discharged and the authority shall have ceased  to  exist,  the  powers,
  jurisdiction  and duty of the authority shall cease and the property and
  assets acquired or held by it pursuant to this  section,  together  with
  any   additions   within  the  boundaries  of  such  municipality  shall
  thereafter become the property of, and shall be under the  jurisdiction,
  control, possession and supervision of such municipality;
    5.  to establish a schedule of rates, rentals or charges, to be called
  "sewer rents," to be collected from all  real  property  served  by  its
  sewerage  facilities,  and to prescribe the manner in which and the time
  at which such sewer rents are to be paid,  provided  that  in  no  event

  shall the authority collect rents within any city within a participating
  county,  and  to change such schedule from time to time as may be deemed
  advisable. Such sewer rents may be determined by the  authority  on  any
  equitable  basis.  Prior  to  the final adoption or modification of such
  schedule of sewer rents, the authority shall adopt a  proposed  schedule
  of  such  sewer  rents  and publish notice thereof once a week for three
  successive weeks in each participating county served by the  authority's
  sewer  facilities. The notice so published shall be dated as of the date
  of first publication thereof and shall state that the proposed  schedule
  of  sewer  rents  will  remain  open for inspection in the office of the
  authority for thirty days  from  the  date  of  such  notice,  and  that
  objections thereto may be filed during said period with the authority by
  any  person  conceiving  himself  aggrieved thereby. The authority shall
  hear and examine  any  such  complaints  and  may  modify  the  proposed
  schedule  and  shall  adopt a final schedule of sewer rents within sixty
  days after the date of said notice.  The  schedule  of  sewer  rents  so
  adopted  shall  thereafter  be  the  sewer  rents to be charged all real
  property served by the sewer facilities of the authority. From and after
  the due date thereof, such sewer rents shall constitute a lien upon  the
  real property served by the facilities. In the event that any such sewer
  rent  shall remain unpaid for a period of ninety days, the authority, or
  for property within any city within a participating county,  such  city,
  may  bring  and  maintain  an  action  in  the  supreme  court  for  the
  foreclosure of such lien;
    6. to adopt regulations in accordance  with  law  providing  that  the
  authority  shall shut off the supply of water to any premises upon which
  sewer rents have not been paid until the sewer rents are paid,  together
  with  provision  for  an equitable charge for restoring water service to
  said premises.