Village of Warsaw, NY Article VII Powers and Authority of Inspectors

§ 123-33 Right of entry.

The Superintendent, representatives of the EPA and representatives of the DEC must be permitted to enter the property of all industrial users for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter. These representatives 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 wastewater treatment system watercourses.

§ 123-34 Observance of safety rules; liability.

While performing the necessary work on the properties referred to in § 123-33, the Superintendent, representatives of the EPA and representatives of the DEC must observe all safety rules applicable to the premises established by the owners and operators, and the owners and operators will be held harmless for injury or death to these representatives, unless such injury is due to the negligence and/or fault of the owner or operator. The village, EPA or DEC will indemnify the owner or operator against liability claims and damages for personal injury or property damage asserted against the owner or operator and growing out of gauging and sampling operations except as such may be caused by negligence, fault or failure of the owner or operator to maintain safe conditions.

§ 123-35 Entry on easements.

The Superintendent is permitted to enter all private properties through which the village holds an easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the wastewater treatment system lying within said easement. All entry and subsequent work on said easement must be completed in accordance with the terms of the easement pertaining to the private property involved.