Town of Clarkson, NY Article VII Administration and Enforcement

§ 106-33 Inspections and tests.

The Superintendent, other duly authorized employees of the district and representatives of the United States Environmental Protection Agency and of the New York State Department of Environmental Conservation bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter. The Superintendent or his representatives shall have no authority to inquire into any processes, including metallurgical, chemical, oil, refining, ceramic, paper or other industries, beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.

§ 106-34 Observation of safety rules.

While performing the necessary work on private properties referred to in § 106-33 herein, the Superintendent or duly authorized employees of the district shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the district employees, and the district shall indemnify the company against loss or damage to its property by district employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 106-29.

§ 106-35 Entry onto easements.

A. The Superintendent and other duly authorized employees of the district bearing proper credentials and identification shall be permitted to enter all private properties through which the district holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within said easement.

B. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

§ 106-36 Penalties for offenses.

A. Any person found to be violating any provision of this chapter, except Article VI, shall be served with a written notice stating the nature of the violation and requiring correction thereof within a reasonable specified period of time. The offender shall, within the period of time stated in such notice, permanently cease all specified violations.

B. Any person who shall continue any violation beyond the time limit provided for in Subsection A shall be guilty of an offense and, on conviction thereof, shall be fined in the amount not exceeding $250 or be subject to imprisonment for not more than 15 days, or both, for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

C. Any person violating any of the provisions of this chapter shall become liable to the Town of Clarkson for any expense, loss or damage occasioned the district by reason of such violation.

§ 106-37 Appeals.

A. Any determination by the Superintendent shall be heard by the Town Board within 45 days of the date of filing of the notice of appeal.

B. Appeals from determinations of the Superintendent shall be heard and determined by the Town Board within 45 days of the date of filing of the notice of appeal.

C. Notice of the date of such hearing shall be mailed to the owner of the premises at least 15 days prior to the hearing. The owner shall have the right to appear and be heard at said hearing before the Town Board.

D. The Town Board shall decide such appeals within 45 days of its hearing. The decision of the Town Board shall constitute a final determination.