§ 50.005 RIGHT OF ENTRY; INSPECTION AND SAMPLING.
   The Utility Director or authorized representative shall have the right to enter the premises and private property of any user to determine whether the user is complying with all requirements of this chapter and any wastewater discharge permit or order issued hereunder.
   (A)   The Utility Director and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties and premises 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.
   (B)   Users shall allow the Utility Director ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.
   (C)   Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Utility Director will be permitted to enter without delay for the purposes of performing specific responsibilities.
   (D)   While performing the necessary work on private properties referred to in (A) above, the Utility Director or duly authorized employees of 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 a loss or damage to its property by the City employees and 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 safe conditions.
   (E)   The Utility Director shall have the right to set up on the user' s property, or require installation of, such devices as are necessary to conduct measurement, testing, sampling and/or metering of the user's operations.
   (F)   The Utility Director may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall always be maintained in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated annually to ensure their accuracy.
   (G)   Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the Utility Director and shall not be replaced. The costs of clearing such access shall be borne by the user.
   (H)   Unreasonable delays in allowing the Utility Director access to the user's premises shall be a violation of this chapter.
(Ord. 22-08-20, passed 8-11-20)