(A) Access for conducting responsibilities. Duly authorized employees and representatives of the EPA, federal, state, and city water and wastewater divisions bearing proper credentials and identification shall be permitted to enter and set up, on all properties at any time, such devices as are necessary for the purpose of conducting inspections, transcribing, surveying, observing, measuring, sampling (twenty-four (24) hour composite or grab), and testing, pertinent to discharges to the pubic sewer system in accordance with the provisions of this chapter, without any advance notice to the company. In addition, these same inspectors and Murray Sewer System personnel may review and copy records concerning character, strength and quantity of industrial wastewater which have a direct bearing on the kind and source of discharge to the wastewater collection system. No Murray Sewer System employee shall have any authority to inquire into any processes including metallurgical, chemical, oil refining, ceramic, paper, or other industrial processes beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for water resource recovery.
(B) Safety and liability. While performing the necessary work on private properties referred to in subsection (A), above, all duly authorized employees of the Murray Sewer System, shall observe all safety rules applicable to the premises established by the property owner. The property owner shall be held harmless for injury or death to the city employees should the city employee be at fault. The City of Murray shall indemnify the owner against any loss or damage to its property directly caused by city employees, and against liability claims and demands for personal injury or property damage asserted against the owner and growing out of gauging and sampling operation, except as such may be caused by negligence or failure of the owner to maintain safe conditions on the property as required by this chapter.
(C) Easement and entry. All duly authorized employees of the Murray Sewer System and representatives from the EPA and/or state, bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds an easement for the purposes of, but not limited to, construction, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the Murray Sewer System 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 easement pertaining to the private property involved.
(D) Security and entry. Where a user has security measures in force which would require proper identification and clearance before entry into the premises, the user shall make necessary arrangements with the security guards so that upon presentation of suitable identification, personnel from Murray Sewer System will be permitted to enter within fifteen (15) minutes of arrival for the purpose of performing their specific responsibilities.
(Ord. 2024-1867, passed 7-11-24)