NY Env Conserv L § 17-1719 (2021)
2021 New York Laws ENV - Environmental Conservation Article 17 - Water Pollution Control Title 17 - Discharge of Sewage Into Waters 17-1719 - Actions by Municipalities to Prevent Discharge of Sewage Into Waters.

*  §  17-1719. Actions  by municipalities to prevent discharge of sewageinto waters.1. Any incorporated city or village in the state of  New  York,  which   has made such provision for the disposal of its sewage as not to pollute   or contaminate therewith any river, stream, lake or other body of water,   may  have  and  maintain  an  action in the supreme court to prevent the   discharge of any sewage or substance deleterious  to  health,  or  which   shall  injure  the  potable qualities of the water in any river, stream,   lake or other body of  water,  from  which  such  incorporated  city  or   village  shall  take  or  receive  its water supply, provided, that such   river, stream, lake or other body of water is wholly, or in part, within   the boundaries of the county in which such plaintiff is located.2. Whenever action shall be  brought  under  the  provisions  of  this   section,  it  shall  be  the duty of the supreme court upon proof of the   existence of facts justifying  the  bringing  and  maintenance  of  such   action  under  the  provisions  of  this section to render a judgment in   which shall be incorporated a mandatory injunction requiring the person,   body, board, corporation, municipality, village, county or town, being a   defendant to said  action  which  directly  or  indirectly,  or  by  its   servants,  agents  or officers shall discharge or dispose of its sewage,   or any other substance deleterious to health or which shall  injure  the   potable qualities of the water in such ways as that the same shall enter   into  any  river,  stream,  lake or other body of water, from which such   plaintiff shall take or receive its water supply, within such reasonable   time as may be prescribed by the court, to take  such  action  as  shall   prevent such discharge or the disposal of such sewage or other substance   into such waters, or the pollution thereof, with such further directions   in  the  premises as may be proper and desirable to effect such purpose,   provided that such river, stream, lake or other body of water is wholly,   or in part, within the boundaries of the county in which such  plaintiff   is located.3.  No  such  action  shall be brought as provided for in this section   until the department has examined and determined whether the sewage does   pollute or contaminate the river, stream, lake or other  body  of  water   into which said sewage is discharged.4. The expense of such examination by the department shall be a charge   upon and paid by the municipality in whose interests and on whose behalf   such examination is made.5.  In  case  the  department  shall  find  upon  examination that the   discharge of said sewage does pollute or contaminate said waters or  any   of  them  in  such  manner  as to be a menace or danger to the health of   those using said waters the plans for the removal  or  disposal  of  the   sewage  ordered  to be prepared by the court as provided in this section   shall be submitted to the department for its approval.* NB Expired September 1, 1973