(A) The Superintendent and other duly authorized employees of the sewage works bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing pertinent to discharge to the town's sanitary sewer system in accordance with the provisions of this chapter.
(B) The Superintendent or other duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system. The industry may withhold information considered confidential. The industry must establish that the revelation to the public of the information in question might result in an advantage to competitors.
(C) While performing the necessary work on private properties referred to in division (A) above, the Superintendent or duly authorized employees of the sewage works 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 sewage works' employees, and the sewage works shall indemnify the company against loss or damage to its property by sewage works 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 as required in § 50.40.
(D) The Superintendent and other duly authorized employees of the sewage works bearing proper credentials and identification shall be permitted to enter all private properties through which the sewage works 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 the easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
(E) The town may apply to the circuit or superior court for Johnson County for an order to require a connection under this section. As authorized by I.C. 36-9-23-30(d), the court shall assess the cost of the action and reasonable attorney's fees of the town against the property owner in such an action.
(Ord. 248, passed 10-28-98; Am. Ord. 284, passed 6-26-00)