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(A) Representatives of the control authority, regulatory agency and other duly authorized employees of the Town bearing proper credentials and identification shall be permitted to enter appropriate property areas at all reasonable times for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this code. The control authority shall have authority to inquire into any processes, including metallurgical, chemical, oil, refining, ceramic, paper or other industries. The control authority shall have the right to inspect and copy all records of information obtained pursuant to any monitoring activities required by this chapter.
(B) While performing the necessary work on private properties referred to in the section above, the control authority 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, except as hereinafter provided, and the Town shall indemnify the company against loss or damage to its property caused by Town employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the performance of the necessary work on private property by the Town employees, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 53.06(H).
(C) The control authority 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 purpose of inspection, observation, measurement, sampling and maintenance of any portion of the sewage works lying within said 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) (1) The control authority may enter upon private property and terminate service to the property in which a violation of any rule or regulation of this code is found to exist.
(2) Prior to termination of service, the control authority shall notify, in writing, the owner and tenant, if any, of such property that service is intended to be so terminated and conduct a hearing; provided, however, that the control authority shall act in accordance with the provisions of § 53.10 in cases of pretreatment enforcement as herein provided. The notice shall be mailed to the owner at the address shown on the records of the assessor of the county or to the Town Clerk, and a copy shall be delivered to the tenant or posted conspicuously on the property. The notice shall state the date of the proposed termination of service and reasons therefore and the date the control authority shall hold a hearing upon such intended termination. The hearing shall not be held less than 60 days subsequent to the giving of notice as herein required.
(3) If the control authority determines that a discharge of pollutants reasonably appears to present an imminent endangerment to the health or welfare of persons, termination of service will take place immediately upon informal notice to the discharger. If a discharge of pollutants appears to present an endangerment to the environment or the operation of the POTW, the control authority shall make written notice to the discharger. The notice shall include the date of the proposed termination and reasons for the action. The discharger has the right to provide a written response. Upon review of the written response, the control authority shall take such action as it deems necessary to halt or prevent any discharge which may present or presents an endangerment to the environment or the operation of the POTW up to and including immediate termination of sewer service.
(`83 Code, § 13-208) (Am. Ord. 2017-07, passed 5-8-17)