Section 71-1919. Actions by municipalities to prevent discharge of sewage into waters  


Latest version.
  • 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 wise 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.