The Superintendent and any other duly authorized employees of Cuba Village 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 Part 1. The Superintendent or his/her 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.
A. 
Nonresidential properties. The Superintendent and other authorized representatives of the village, including representatives of USEPA, NYSDEC and the Allegany County Health Department, bearing proper credentials and identifications shall be permitted to enter upon all nonresidential properties at all reasonable times for the purpose of inspection, observation, sampling, flow measurement and testing to ascertain a user's compliance with applicable provisions of federal and state law governing the use of the village sewage treatment system and the provisions of this chapter. Such representatives shall additionally have access to and may copy any records the user is required to maintain under this chapter. Where a user has security measures in force which would require proper identification and clearance before entry into the premises, the user shall make necessary arrangements so that upon presentation of suitable identification, inspecting personnel will be permitted to enter without delay for the purpose of performing their specific responsibilities.
B. 
Residential properties. Authorized employees of the Environmental Protection Agency and the New York State Department of Environmental Conservation shall not be authorized to enter private residential dwellings for purposes of inspection and observation except upon presenting to the Cuba Village Superintendent of Public Works or the Mayor or the duly authorized representative of either a written request for authorization to inspect and observe, which request will identify the premises to be inspected, the name of the occupant of such premises and the owner of such premises, if known to be different from the occupant, and the general nature of the inquiry to be made, and such inspection and observation shall be made by employees of the Environmental Protection Agency and/or the New York State Department of Environmental Conservation only when accompanied by a representative of Cuba Village and only upon notice, full identification and full explanation to the occupant of such residential premises.
Any person found to be violating any provisions of this Part 1 shall be served by the village with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
Any person who shall continue any offense beyond the time limit provided for in Article VI, § 155-37, above shall be guilty of a violation pursuant to the Penal Law, punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or by both such fine and imprisonment. The continuation of an offense shall constitute, for each day the offense is continued, a separate and distinct violation.
The Village Attorney, at the request of the Superintendent, shall have the right to seek equitable relief, in the name of the village, to restrain the violation of or to compel compliance with any order or determination issued thereunder by the Superintendent.
A. 
Notwithstanding any inconsistent provisions of this chapter, whenever the Superintendent finds, after investigation, that any user is causing, engaging in or maintaining a condition or activity which, in his/her judgment, present an imminent danger to the public health, safety or welfare or to the environment or is likely to result in irreversible or irreparable damage to the village sewer system or sewage treatment plant or the environment and it therefore appears to be prejudicial to the public interest to delay action until notice and an opportunity for a hearing can be provided, the Superintendent may, without hearing, order such user by notice, in writing, wherever practicable, or in such other form as practices are intended to be proscribed, to discontinue, abate or alleviate such condition or activity, and thereupon such person shall immediately discontinue, abate or alleviate such condition or activity; or where the giving of notice is impracticable or in the event of the user's failure to comply voluntarily with an emergency order, the Superintendent may take appropriate action to abate the violating condition. As promptly as possible thereafter, not to exceed 15 days, the Superintendent shall provide the user an opportunity to be heard in accordance with the provisions of this chapter.
B. 
The Superintendent, acting upon the belief that an emergency exists, shall be indemnified against any personal liability that may arise in the performance of his/her duties to protect the public health, safety or welfare or to preserve the village sewer treatment system.
Any person violating any of the provisions of this Part 1 shall become liable to Cuba Village for any expense, loss or damage occasioned the village by reason of such violation.
A. 
Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public for inspection and/or copying unless the user specifically requests and is able to demonstrate to the satisfaction of the Superintendent that such information if made public would divulge processes or methods of production entitled to protection as trade secrets of the user. Wastewater constituents and characteristics shall not be recognized as confidential.
B. 
Confidential information shall not be made available for inspection and/or copying by the public but shall be disclosed upon written request to governmental agencies for uses related to this chapter, the National Pollutant Discharge Elimination System (NPDES) permit, State Pollutant Discharge Elimination System (SPDES) permit or the state or any state agency in the judicial review or enforcement proceedings involving the user furnishing the report.
C. 
Where a request is made to the Superintendent to treat information as confidential, the Superintendent shall treat it as such unless he/she notifies the user, in writing, of his/her denial of said request. The decision of the Superintendent shall be effective 10 days after the date of the notice.