* § 17-1719. Actions by municipalities to prevent discharge of sewage\n into waters.\n 1. Any incorporated city or village in the state of New York, which\nhas made such provision for the disposal of its sewage as not to pollute\nor contaminate therewith any river, stream, lake or other body of water,\nmay have and maintain an action in the supreme court to prevent the\ndischarge of any sewage or substance deleterious to health, or which\nshall injure the potable qualities of the water in any river, stream,\nlake or other body of water, from which such incorporated city or\nvillage shall take or receive its water supply, provided, that such\nriver, stream, lake or other body of water is wholly, or in part, within\nthe boundaries of the county in which such plaintiff is loc
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* § 17-1719. Actions by municipalities to prevent discharge of sewage\n into waters.\n 1. Any incorporated city or village in the state of New York, which\nhas made such provision for the disposal of its sewage as not to pollute\nor contaminate therewith any river, stream, lake or other body of water,\nmay have and maintain an action in the supreme court to prevent the\ndischarge of any sewage or substance deleterious to health, or which\nshall injure the potable qualities of the water in any river, stream,\nlake or other body of water, from which such incorporated city or\nvillage shall take or receive its water supply, provided, that such\nriver, stream, lake or other body of water is wholly, or in part, within\nthe boundaries of the county in which such plaintiff is located.\n 2. Whenever action shall be brought under the provisions of this\nsection, it shall be the duty of the supreme court upon proof of the\nexistence of facts justifying the bringing and maintenance of such\naction under the provisions of this section to render a judgment in\nwhich shall be incorporated a mandatory injunction requiring the person,\nbody, board, corporation, municipality, village, county or town, being a\ndefendant to said action which directly or indirectly, or by its\nservants, agents or officers shall discharge or dispose of its sewage,\nor any other substance deleterious to health or which shall injure the\npotable qualities of the water in such ways as that the same shall enter\ninto any river, stream, lake or other body of water, from which such\nplaintiff shall take or receive its water supply, within such reasonable\ntime as may be prescribed by the court, to take such action as shall\nprevent such discharge or the disposal of such sewage or other substance\ninto such waters, or the pollution thereof, with such further directions\nin the premises as may be proper and desirable to effect such purpose,\nprovided that such river, stream, lake or other body of water is wholly,\nor in part, within the boundaries of the county in which such plaintiff\nis located.\n 3. No such action shall be brought as provided for in this section\nuntil the department has examined and determined whether the sewage does\npollute or contaminate the river, stream, lake or other body of water\ninto which said sewage is discharged.\n 4. The expense of such examination by the department shall be a charge\nupon and paid by the municipality in whose interests and on whose behalf\nsuch examination is made.\n 5. In case the department shall find upon examination that the\ndischarge of said sewage does pollute or contaminate said waters or any\nof them in such manner as to be a menace or danger to the health of\nthose using said waters the plans for the removal or disposal of the\nsewage ordered to be prepared by the court as provided in this section\nshall be submitted to the department for its approval.\n * NB Expired September 1, 1973\n