Village of Ocean Beach, NY Article VII Powers and Authority of Superintendent

§ 139-33 Right of entry.

[Amended 3-5-83 by L.L. No. 3-1983[1]]

The Superintendent and other duly authorized employees of the village, United States Environmental Protection Agency and New York State Department of Environmental Conservation, bearing proper credentials and identification, shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing pertinent to discharge to the community system in accordance with the provisions of this chapter.

[1] Editor's Note: This local law also provided that it shall be effective 6-1-83.

§ 139-34 Obtaining of information.

The Superintendent or other duly authorized employees are authorized to obtain information concerning processes which have a direct bearing on the kind and source of discharge to the wastewater collection system.

§ 139-35 Liability for damage or injuries.

While performing the necessary work on private properties, the Superintendent or duly authorized employees of the village shall observe all safety rules applicable to the premises. The owner of the property shall be held harmless for injury or death to the village employees, and the village shall indemnify the owner 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 owner and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the owner to maintain safe conditions as required in § 139-24.

§ 139-36 Entrance to private property.

The Superintendent and other duly authorized employees of the village, 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, construction, inspection, observation, measurement, sampling, repair and maintenance of any portion of the wastewater facilities 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.