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City of Hornell, NY
Steuben County
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Table of Contents
Table of Contents
The Superintendent, duly authorized employees of the City, and representatives of the New York State Department of Environmental Conservation (NYSDEC) and the United States Environmental Protection Agency (USEPA), 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.
While performing the necessary work on private properties referred to in § 252-38 above, the Superintendent or duly authorized employees of the City and representatives of the New York State Department of Environmental Conservation (NYSDEC) and the United States Environmental Protection Agency (USEPA) 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 asserted against the company and growing out of the gauging and sampling operation, except as such as is caused by negligence or failure of the company to maintain safe conditions as required in § 252-31.
The Superintendent, other duly authorized employees of the City and representatives of the New York State Department of Environmental Conservation (NYSDEC) and the United States Environmental Protection Agency (USEPA), bearing proper credentials and identification, shall be permitted to enter all private properties through which the City 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. 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.
The Superintendent and duly authorized employees of the City have the authority to immediately halt any discharge of pollutants which pose an imminent and substantial endangerment to the health and welfare of persons, the environment or plant operators.