New York § 71-1919 Actions by municipalities to prevent discharge of sewage into waters

New York Statutes

§ 71-1919 — Actions by municipalities to prevent discharge of sewage into waters

New York·Law ENV Environmental Conservation·Title 19 Enforcement of Titles 1 Through 11 and 15 Through 21 Inclusive of Article 17 and Spills of Bulk Liquids·Art. 71 Enforcement

§ 71-1919. Actions by municipalities to prevent discharge of sewage into\n             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.\

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§ 71-1919. Actions by municipalities to prevent discharge of sewage into\n 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 wise 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

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