State v. Westchester Joint Water Works

In an action, *647inter alia, pursuant to Public Health Law § 12, the defendant appeals from an order of the Supreme Court, Westchester County (Barone, J.), entered January 23, 2002, which granted the plaintiffs’ motion for summary judgment finding that the defendant violated the State Sanitary Code 10 NYCRR 5-1.30 by failing to construct and operate a water filtration plant.

Ordered that the order is affirmed, with costs.

Pursuant to the State Sanitary Code (see 10 NYCRR 5-1.30 [b], [c]), a public water system which supplies drinking water to its consumers from a surface water source was required…