Town of Belchertown, MA Article IV Inspectors

§ 256-24 Right of entry.

A. The Board of Selectmen, Director of Public Works, POTW Operations Supervisor and other duly authorized employees and agents of the town bearing proper credentials shall be permitted ready access at all reasonable times to enter all properties and all parts of the premises for the purposes of inspection, observation, measurement, sampling, testing and records examination and copying in the performance of their duties in accordance with the provisions of these rules and regulations.

B. The town or its authorized agents shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, personnel from the town will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. This authority is in no way limited by § 256-26 of this article.

§ 256-25 Observation of safety rules; town to indemnify owner.

While performing the necessary work on private properties referred to in § 256-24 above, the Board of Selectmen or duly authorized representative of the town shall observe all safety rules applicable to the premises established by the owner, and the owner shall be held harmless for injury or death to the town representative, and the town shall indemnify the owner against loss or damage to its property by the town representative and against liability claims and demands for personal injury or property damage asserted against the owner and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the owner to maintain safe conditions as required in Article III, § 256-20.

§ 256-26 Entry on easements.

A. The Board of Selectmen and other duly authorized representatives of the town bearing proper credentials and identification shall be permitted to enter all private properties through which the town holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within said easement. However, in no event will the town be required to hold an easement in order to inspect an industrial user's facility.

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.