§ 5.05.040  RIGHT OF ACCESS FOR OPERATION AND MAINTENANCE OF SYSTEM.
   (A)   Employees of the waterworks and sewerage system shall have the right of access to any premises served by the combined waterworks and sewerage system for the purpose of reading water meters at the regular prescribed intervals or for the purpose of making inspections in order to maintain in good condition and provide for the protection of the combined system and the efficient management thereof.
   (B)   Where the inspections are not of an immediate of urgent nature, employees of the combined system shall arrange for appointments mutually convenient to the persons of the premises serviced and the employees.
   (C)   Any person refusing to permit the employees of the waterworks and sewerage system the above described access to his or her premises shall be subject to a penalty as provided in § 5.05.999.
   (D)   In addition to the foregoing, and not by way of limitation, the village and other regulatory power and authority:
      (1)   The Maintenance Superintendent and other duly authorized employees of the village, the Illinois Environmental Protection Agency and the U.S. Environmental Protection Agency, bearing proper credentials and identification, shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter. The Maintenance 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 and source of discharge to the sewers of waterway or facilities for waste treatment.
      (2)   While performing the necessary work on private properties referred to in division (D)(1) above, the Maintenance Superintendent or duly authorized employees of the village, the Illinois Environmental Protection Agency and the U.S. Environmental Protection Agency 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 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 conditions as required in § 5.05.045.
      (3)   The Maintenance 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 purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works 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.
(Ord. VG00-324, § 13.10.080, passed 5-8-2000)