Section 17-1719. Actions by municipalities to prevent discharge of sewage into 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