(A) Right of entry. The Director shall be permitted to enter all properties for purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this chapter, whether or not an easement has been granted. The Director 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 property as a source of discharge to the sewage system or waterways.
(B) Hold harmless. While performing the necessary work on private properties referred to herein, the Director 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 village employees, and the village shall indemnify the person 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 person and growing out of the gauging, sampling operations, and inspections, except as such maybe caused by negligence or failure of the person to maintain safe conditions as required herein.
(C) Easements. The Director 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 public sewage works staying 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.
(D) Sampling and testing.
(1) All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this chapter may be made in accordance with test methods, as defined in this chapter, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of the constituents upon the sewage works and to determine the existence of hazards to life, limb, and property.
(2) The particular analysis involved will determine whether a 24-hour composite of all outfalls of a premises is appropriate, or whether grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analysis are obtained from 24-hour composites of all outfalls, whereas pHs are determined from periodic grab samples.
(1984 Code. § 7-01-03-170) (Ord. 98, passed 9-30-1980; Ord. 227, passed 1-26-1993) Penalty, see § 52.99