A.
The Superintendent and the NYSDEC and other duly authorized
employees thereof, 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.
B.
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.
The Village shall have the right to set up on
a user's property such devices as are necessary to conduct sampling
or metering operations. The Village may, at reasonable times, have
access to and copy any records, inspect any monitoring equipment or
method required by Village wastewater discharge laws and sample any
effluents which the owner or operator of such source is required to
sample. Where a user has security measures in force, the user shall
make necessary arrangements with their security guards so that, upon
presentation of suitable identification, personnel from the Village
will be permitted to enter without delay.
While performing the necessary work on private properties referred to in this article, § 149-27 above, the Superintendent or duly authorized employees of the Village 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 Village employees, and the Village shall indemnify the company against loss or damage to its property by Village 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 Article VI, § 149-23.
The Superintendent and other duly authorized
employees of the Village and officials of the New York State Department
of Environmental Conservation, bearing proper credentials and identification,
shall be permitted to enter all private properties through which the
Village 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. All entry and subsequent work, if any, on said easement,
shall be done in full accordance with the terms of the easement pertaining
to the private property involved.
