Duly authorized employees/representatives of
the City, EPA or DEC bearing proper credentials and identification
will be permitted to enter properties under authority given by Section
308 of the Act for the purpose of inspection, observation, measurement,
sampling and testing of the wastewater discharge to ensure that the
discharge to the wastewater treatment system is in accordance with
the provisions of this chapter. These representatives shall have no
authority to inquire into any processes except those having a direct
bearing on the kind and source of discharge to the POTW, and those
with potential to do great harm to health, the POTW or the environment.
While performing the necessary work on the properties referred to in § 147-38, the Director, representatives or employees of the City, representatives of EPA, and representatives of DEC 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 those representatives unless such injury is due to the negligence and/or fault of the owner or operator. The City, EPA or DEC shall indemnify the owner against liability claims and demands for personal injuries or property damage asserted against the owner and growing out of gauging and sampling operations except as such may be caused by negligence, fault or failure of the owner to maintain safe conditions.
The Director and duly authorized representatives
of the City bearing proper credentials and identification shall be
permitted to enter all private properties through which the City 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 above or below
ground. All entry and subsequent work, if any, on said easement shall
be done in accordance with the terms of the easement pertaining to
the private property involved.
