A. City employees bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing pertinent to discharge to the community system in accordance with the provisions of this chapter.
1. The city has the authority to enter and inspect, at least twice per year, the facilities of all industrial users. The city's authorized personnel have the right of entry to, upon or through any premises in which an effluent source is located or in which records required to be maintained by the industrial user are located, and, at all reasonable times, have access to and copy any records, inspect any monitoring equipment or methods required of the industrial user, and sample any effluents which the owner or operator of such source is generating.
2. The city has the authority to randomly sample and analyze the effluent from industrial users, conduct surveillance activities in order to identify, independently of information supplied by the industrial users, occasional and continuing noncompliance with pretreatment standards, and inspect and sample the effluent from each significant industrial user at least twice per year. After an effluent sample has been taken, the sample can be split at the request of the industrial user, and made available to the industrial user so that it can conduct its own analysis.
B. The city is authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system. The industry may withhold information considered confidential. The industry must establish that the revelation to the public of the information in question might result in an advantage to competitors.
C. While performing the necessary work on private properties referred to in subsection A of this section, the city 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 city employees, and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company 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 subsection 7-3-5H of this chapter.
D. City employees bearing proper credentials and identification shall be permitted to enter all private properties through which the city 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. (Ord. 150, 7-20-1982; amd. Ord. 214, 11-18-1997; Ord. 279, 4-19-2022)