122. Powers. 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.
Last modified: February 3, 2019