[Amended 5-18-2015 by L.L. No. 4-2015]
Persons or occupants of premises where wastewater is produced
or discharged shall allow upon consent or subject to lawful process
the Town, including the Superintendent or the CEO or their designees,
ready access at all times to all parts of the premises for the purpose
of inspection or sampling or in the performance of any of their duties.
The Town shall have the right to set up on the user's property such
devices as are necessary to conduct sampling or metering operations.
The Town may at reasonable times have access to and copy any records,
inspect any monitoring equipment, or method required by the Town's
wastewater discharge laws and sample any effluents which the owner
or operator of such source is required to sample. Where the owner
of said premises has employed security guards, the owner shall make
necessary arrangements with the security guards so that, upon presentation
of suitable identification, personnel from the Town will be permitted
to enter without delay.
The Superintendent, or other duly authorized employee, is authorized
to obtain information from the industrial user concerning industrial
processes which have a direct bearing on the kind and source of discharge
to the wastewater collection system. The industry may request that
certain information be classified as proprietary or confidential,
prior to its submission to the Town. The industry must establish that
public disclosure of the proprietary or confidential information in
question would likely cause substantial competitive harm to it, as
provided at Public Officers Law § 87, Subdivision 2(d).
While performing the necessary work on private properties referred to in § 230-37, the Superintendent, or duly authorized employee of the Town, shall observe all posted safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the Town employees, and the Town shall indemnify the company against loss or damage to its property by Town employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 230-31.
The Superintendent and any other duly authorized employee of
the Town bearing proper credentials and identification shall be permitted
to enter all private properties through which the Town holds a duly
negotiated easement in its favor for the purposes of, but not limited
to, 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.
