Section 122. Powers  


Latest version.
  • Every sewage-works corporation shall have the power:
        1. To lay, maintain, repair and operate its pipes, conduits and sewers
      in  any  street,  highway  or public place of any city, town, village or
      other municipal area, in which it has obtained the consent  required  by
      section  one  hundred sixteen for the disposal, treatment and removal of
      sewage, and to operate and  maintain  and  keep  in  repair  its  sewage
      disposal  plants,  and  prescribe  the manner in which sewer connections
      shall be made. No pipes, sewers or conduits shall be  laid  or  repaired
      under  any  highway, road, street or avenue by such corporation, without
      the consent of the local governing body or its  official  in  charge  of
      highways  or streets or if such highway be a state highway, or a highway
      constructed pursuant to section one hundred ninety-four or  one  hundred
      ninety-five  or article six of the highway law, the consent of the state
      commissioner of transportation nor in any street, highway, road,  avenue
      or  public  place in Suffolk county without the prior written consent of
      the county sewer  agency  or  the  county  department  of  environmental
      control.
        2.  To  cause  examinations  and surveys to be made for the purpose of
      determining the proper location of its disposal system,  and,  for  such
      purpose  by its officers, agents or servants, to enter upon any lands or
      waters, subject to liability for all damages done.
        3.  To  enter  into  appropriate  agreements  with  the  secretary  of
      agriculture  of  the  United States department of agriculture to operate
      without profit for  the  term  specified  therein  for  the  purpose  of
      qualifying  to  receive  federal assistance pursuant to the consolidated
      farmers home administration act of nineteen hundred  sixty-one  and  any
      federal laws amendatory and supplementary thereto. Any such agreement to
      operate without profit shall be subject to the approval of a majority of
      the  stockholders  entitled  to  vote  thereat at any regular or special
      stockholders' meeting. Any stockholder so entitled to vote who does  not
      vote  for  or  consent  in  writing to the taking of this action, shall,
      subject to and by complying with the provisions of section  six  hundred
      twenty-three  of the business corporation law, have the right to receive
      payment of the fair value of his stock and the other rights and benefits
      provided by such section.