(A) The duly authorized employees of the village, Sanitary District of Decatur, the state’s Environmental Protection Agency and the U.S. Environmental Protection Agency, bearing proper credentials and identification, shall be permitted to enter all properties for purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter. The POTW shall inspect the facilities of all industrial users to ascertain whether the purposes of this chapter are being met and if all requirements of this chapter are being complied with, at a minimum of two times per year. It is a condition of all permits issued under this chapter that all persons or occupants of premises in which a discharge source or treatment system is located or in which records are kept shall allow the POTW or its representative ready access upon presentation of credentials at reasonable times to all parts of said premises for the purposes of inspection, sampling, examination and photocopying of records required to be kept by this chapter and in the performance of any of their duties. The POTW shall have the right to set up on the industrial user’s property such devices as are necessary to conduct sampling, monitoring and metering operations. Where an industrial user has security measures in force which would require suitable identification, necessary arrangements shall be made with their security personnel so that upon presentation of suitable identification, personnel from the POTW shall be permitted to enter immediately for the purposes of performing their specific responsibilities. Such arrangements shall be made by all industrial users with their security personnel within 30 days of the passage of this chapter.
(B) While performing the necessary work on private properties referred to in division (A) above, the authorized employees of the village, the Sanitary District of Decatur, the state’s 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 or Sanitary District of Decatur employees and the village or Sanitary District of Decatur 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 operating, except as such may be caused by negligence or failure of the company to maintain conditions as required in § 53.10 of this chapter.
(C) The duly authorized employees of the village and Sanitary District of Decatur bearing proper credentials and identification shall be permitted to enter all private properties through which the village and Sanitary District of Decatur 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 POTW 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. 2011-04-19-01, passed 4-19-2011)