§ 53.13 AUTHORITY TO INSPECT.
   (A)   The Wastewater Superintendent, Inspector and other duly authorized employees of the town 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. The Wastewater Superintendent or his or her representative 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 of source of discharge to the sewers, waterways or facilities for waste treatment.
   (B)   While performing the necessary work on private properties referred to in division (A) above, the Wastewater Superintendent or duly authorized employees of the town 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 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 herein.
   (C)   The Wastewater Superintendent and other duly authorized employees 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 for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the POTW lying within the easement. All entry and subsequent work, if any, on the easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
   (D)   Where a user has security measures in force that require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Wastewater Superintendent will be permitted to enter without delay for the purposes of performing specific responsibilities.
   (E)   The Wastewater Superintendent shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.
   (F)   The Wastewater Superintendent may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at own expense. All devices used to measure wastewater flow and quality shall be calibrated yearly to ensure their accuracy.
   (G)   Any temporary or permanent obstruction to the safe and easy access of the facility to be inspected and/or sampled must be promptly removed by the user at the written or verbal request of the Wastewater Superintendent and shall not be replaced. The costs of cleaning such access shall be borne by the user.
   (H)   Unreasonable delays in allowing the Wastewater Superintendent access to the user's premises is be a violation of this chapter.
(Ord. 2019-5, passed 4-22-19)