The Superintendent and other duly authorized employees of the City,
NYSDEC and United States Environmental Protection Agency 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 may require a user of sewer services to provide
information needed to determine compliance with this chapter. These
requirements may include:
Information and data on a user obtained from reports, questionnaires,
permit applications, permits and monitoring programs and from inspections
shall be available to the public or other governmental agency without
restriction, unless the user specifically requests and is able to
demonstrate to the satisfaction of the City that the release of such
information would divulge information, processes or methods of production
entitled to protection as trade secrets of the user.
When requested by the person furnishing a report, the portions of
a report which might disclose trade secrets or secret processes shall
not be made available for inspection by the public but shall be made
available upon written request to governmental agencies for uses related
to this chapter, the state pollutant discharge elimination system
(SPDES) permit and/or the pretreatment programs; provided, however,
that such portions of a report shall be available for use by the state
or any state agency in judicial review or enforcement proceedings
involving the person furnishing the report. Wastewater constituents
and characteristics will not be recognized as confidential information.
Information accepted by the City as confidential shall not be transmitted
to any governmental agency or to the general public by the City until
and unless a 10-day notification is given to the user.
While performing the necessary work on private properties referred to in Article VIII, § 278-49, above, the Superintendent or duly authorized employees of the City 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 City employees, and the City shall indemnify the company against loss or damage to its property by City 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.
The Superintendent and other duly authorized employees of the City
bearing proper credentials and identification shall be permitted to
enter all private properties through which the City holds a duly negotiated
easement for the purposes of, but not limited to, inspection, observation,
measurement, sampling, repair and maintenance. 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.