The Superintendent, other duly authorized employees of the Village
and representatives of the USEPA and NYSDEC, bearing proper credentials
and identifications, shall be permitted to enter all properties at
reasonable times for the purpose of inspection, observation, measurement,
sampling and testing pertinent to discharge to the community system
in accordance with the provisions of this chapter. The Village shall
have the right to set up on the user's property such devices as are
necessary to conduct sampling or metering operations. The Village
may at reasonable times have access to and copy any records, inspect
any monitoring equipment or method required by this chapter and sample
any effluents which the owner or operator of such source is required
to sample. Where a user has security measures in force, the user shall
make necessary arrangements with its security guards so that, upon
presentation of suitable identification, personnel from the Village
will be permitted to enter without delay.
The Superintendent or other duly authorized employees are authorized
to obtain information concerning industrial processes which have a
direct bearing on the kind and source of discharge to the wastewater
collection system. Information and data on an industrial user obtained
from reports, questionnaires, permit applications, permits and monitoring
programs and from inspections shall be available to the public or
other governmental agency without restriction unless the industrial
user specifically requests and is able to demonstrate to the satisfaction
of the Village that the release of such information would divulge
information processes or methods of production entitled to protection
as trade secrets of the user. The Village shall implement measures
to ensure the confidentiality of information provided by an industrial
user pursuant to this chapter. In no event shall any claimed confidential
information be disclosed to any person without prior notice in writing
to the industrial user and without providing the industrial user with
the opportunity to protect such confidential information, including
the right to seek judicial relief.
While performing the necessary work on private properties referred to in Article VI, § 88-44, above, the Superintendent or duly authorized employees of the Village shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the Village employees, and the Village shall indemnify the company 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 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 Article V, § 88-38.
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,
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.
