A.
As provided under Article XI, § 113-35, the Superintendent-authorized representative or designated representatives of the USEPA, NYSDEC and Monroe County Health Department may enter upon private lands for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this Part 2 and its implementing the rules and regulations. Inspectors may review and copy any records required to be kept on site according to the provisions of a permit issued in accordance with the provisions of Article XI of this chapter or the requirements for record keeping contained in 40 CFR 403.12. The Superintendent or the Superintendent's representatives shall have no authority to inquire into any processes used in any industrial operation beyond that point having a direct bearing on the kind and source of discharge to the sewers or the on-site facilities for waste treatment.[1]
B.
While performing the necessary work on private lands referred to in the section above, the Superintendent or the Superintendent's duly authorized representatives shall observe all safety rules applicable to the premises as established by the owner and/or occupant of the premises, and the owner and/or occupant shall be held harmless for injury or death to Village employees, and the Village shall indemnify the owner and/or occupant against loss or damage to their property by Village employees and against liability claims and demands for personal injury or property damage asserted against the owner and/or occupant and growing out of the gauging and sampling operations, except as such may be caused by negligence or failure of the owner and/or the occupant to maintain safe conditions as required in Article XI, §§ 113-38 and 113-40.
Any persons who maliciously, willfully or recklessly break,
damage, destroy, uncover, deface or tamper with any structure, appurtenance
or equipment which is a part of the Village of Webster sewerage system
or public sewer tributary thereto shall be in violation of this Part
2 and subject to the penalties provided herein.
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
will 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 Part 2, the National
Pollutant Discharge Elimination System (NPDES) permit, State Pollutant
Discharge Elimination System (SPDES) permit or the state or any state
agency in judicial review or enforcement proceeding involving the
person 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 the Superintendent notifies the user, in writing, of the Superintendent's denial of the request. The decision of the Superintendent shall be effective 10 days after the date of the notice. If review of the Superintendent's decision is commenced under the contested cases provision of § 113-64 before the expiration of the 10 days, the Superintendent shall continue to treat the information as confidential unless the Village Board upholds the Superintendent's initial decision denying the request for confidentiality. The decision of the Village Board shall be effective five days after service upon the user of the final decision.
