Powers

§ 263. Powers. The administrative head or body may acquire by gift,
lease, purchase or condemnation, real estate and easements, rights of
way or other interests therein necessary or proper for the purposes of
the district. In Suffolk county it may acquire by gift, lease or
purchase personalty or it may accept the gift of a sum of money
necessary or proper for the purposes of the district. In water quality
treatment districts, it may request, receive and administer grants and
other sums of money necessary or proper for the purposes of the
district. In the county of Oneida, it may grant easements or rights of
way necessary or proper for the purposes of the district. It may (1)
construct, reconstruct, improve or repair facilities in or under the
surface of any highway in the county or in another county for the
purpose of transporting water, sewage or drainage to or within the
county district, and shall cause such highway to be restored to its
usual condition at the expense of the district, or (2) provide for the
collection and disposition of garbage, ashes, rubbish and other waste
matter in such district, and for that purpose may provide for the
construction, operation and maintenance of all necessary appliances
appurtenant thereto, including such vehicles as may be required for the
collection and disposition of garbage, ashes, rubbish and other waste
matter. No facilities shall be laid under any county parkway, county
road, town highway or city or village street without the consent of the
officer or body having jurisdiction over, and control thereof, and, in
the case of the state thruway, state parkways, state highways, county
roads or county parkways, or highways constructed pursuant to section
one hundred ninety-four, section one hundred ninety-five or article six
of the highway law, in addition to such consents, the consent of the
state commissioner of transportation or other state officer or body
having jurisdiction over and control thereof.

The administrative head or body of a county sewer district may acquire
by condemnation from railroad corporations, real estate and easements,
rights of way or other interests of such railroad corporations necessary
or proper for the purposes of the district, provided, however, that in
the event the railroad objects to such condemnation on the ground that
it will interfere with the safe and uninterrupted maintenance and
operation of the railroad, the railroad shall have thirty days after
receipt of notice of such condemnation to request a hearing before the
commissioner of transportation. The commissioner of transportation shall
give the railroad and the district notice of not less than ten days of
the time and place scheduled for such hearing. The commissioner of
transportation, after hearing the evidence shall decide whether such
condemnation is permissible and in the public interest, and whether an
order permitting the county sewer district to enter upon said railroad
lands to perform such work is necessary and proper; such order shall
also include terms protecting the railroad in safe and uninterrupted
maintenance and operation of said railroad during the performance of any
work on railroad lands by employees and agents of the sewer district if
their entry upon railroad lands for such work is deemed necessary by the
commissioner's order. The determination of the commissioner shall be
subject to judicial review pursuant to article seventy-eight of the
civil practice law and rules.

The administrative head or body of any county water district on behalf
of such county water district, with the approval of the board of
supervisors of such county, a county water authority, any city, any town
on behalf of a town water district, and any village which own and
operate water systems may enter into contracts providing for
interconnections of such water systems, regulating the sale of water, or
the purchase of water, by any of the parties to the contract to another
party to the contract, which contracts may contain such other further
covenants, agreements, terms and conditions which the contracting
parties deem necessary or desirable for the efficient and economical
operation of the respective water systems of the parties to the
contract, provided, however, that no such contract shall relate to an
area then being served by any such county water district, county water
authority, city, town water district or village without the consent of
the governing board of the district, authority, city or village, as the
case may be. Any such contract shall be subject to the approval of the
water resources commission.