Town of Batavia, NY Powers and Authority of Inspectors

[Amended 10-16-2002 by L.L. No. 2-2002]

The Department of Water and Sewage, all duly authorized representatives or employees of the Town, city, EPA, or DEC bearing proper credentials and identification shall be entitled to enter the property of all users (which includes the internal premises such as basements, etc.) for the purpose of inspection, observation, measurement, sampling (including setting up sampling devices), testing, and records examination in accordance with the provisions of this chapter, and for the further purpose of ascertaining whether the provisions of this chapter are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the Town and representatives of the approval authority ready access at all reasonable times to all parts of the premises to carry out the actions specified in this section. Where a user has security measures in force which would require proper identification and clearance before entry into his/her premises, the user shall make necessary arrangements with his/her security guards so that upon presentation of suitable identification, personnel from the Town and approval authority will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. These representatives shall have no authority to inquire into any processes except those having a direct bearing on the application of and enforcement of this chapter.

Authorized Town representatives shall have the right to enter and inspect at any reasonable time any part of the Town public sewer system, including public streets, easements and property within which the public system is located. Additionally, authorized Town representatives shall be permitted, as appropriate, to enter into the private property of industrial waste discharges to carry out the activities specified in this chapter.

Any inspector or representative seeking to enter private property pursuant to the provisions of this section may enter such property on the consent of such user, owner or occupant. For all purposes of this chapter each owner, occupant and user shall be deemed to have consented to the entry onto any property, private or otherwise, serviced by the Town's sewer system, or upon which is located records or other information relevant to the implementation and enforcement of this chapter as a result of the use of the Town's sewer service benefiting that property. Any failure to provide access pursuant to a reasonable and otherwise valid request for entry shall be deemed a violation of this chapter subject to all penalties and other remedies provided herein.

In the event such entry is denied or if said inspector or representative determines that it is preferable to obtain a search warrant without first seeking such consent, said inspector or representative shall be entitled (in addition to all other available remedies) to obtain a search warrant pursuant to the applicable provisions of law from a court of competent jurisdiction to compel the owner or occupant to permit immediate entry and inspection.

Notwithstanding the provisions contained in this section, in the event an emergency situation exists, the inspector or representative shall be entitled to immediately enter upon any private property for the purposes set forth in this section either with or without a search warrant or with or without the cooperation of the owner, occupant or user.

While performing the necessary work on the properties referred to in § 191-41, the Department of Water and Sewage, representatives or employees of the Town, authorized city representatives, representatives of the EPA, and representatives of the DEC shall observe all safety rules applicable to the premises established by the owner and/or operators, 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 Town, 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 the negligence, fault or failure of the owner to maintain safe conditions.