[Amended 7-15-1985 by L.L. No. 22-1985]
The Superintendent and other duly authorized employees of the Village
bearing proper credentials and identification shall be permitted to enter
all properties for the purpose of inspection, observation, measurement, sampling
and testing in accordance with the provisions of this chapter. This authority
shall also allow the Superintendent or his representative to inspect and copy
all industrial wastewater discharge records which the industry is required
to keep to be in conformity with federal, state or local regulations. The
Superintendent, or his 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.
[Amended 7-15-1985 by L.L. No. 22-1985]
While performing the necessary work on private properties referred to in § 205-36, 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 by § 205-29.
[Amended 7-15-1985 by L.L. No. 22-1985]
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 purpose of, but not limited to, inspection, observation, measurement,
sampling, repair and maintenance of any portion of the sewage works 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. Authorized employees of the NYSDEC
and the United States Environmental Protection Agency (USEPA) shall have the
same powers and authority provided to the Superintendent under this chapter.
[Added 7-15-1985 by L.L. No. 22-1985]
A.
Information and data obtained from inspections, reports,
questionnaires, permit applications, permits and monitoring programs shall
be available to the public or other governmental agency without restriction
unless the person responsible for the discharge specifically requests and
is able to demonstrate to the satisfaction of the Superintendent and Village
Board that the release of such information would divulge information, processes
or methods of production entitled to protection as trade secrets.
B.
When requested by the person furnishing a report, the
portions of a report which might disclose trade secrets or secret processes
shall not be made available for inspection by the public, but shall be made
available upon written request to governmental agencies for uses related to
this chapter, the National Pollutant Discharge Elimination System (NPDES)
permit and the state disposal system permit; provided, however, that such
portions of a report shall be available for use by New York State or any state
agency in judicial review or enforcement proceedings involving the person
furnishing the report. Wastewater constituents and characteristics will not
be recognized as confidential information.
C.
Information accepted by the Village as confidential shall
not be transmitted by the Village to any governmental agency until and unless
a ten-day notification is given to the person providing such information.
