(a) The Utilities Director and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter. The Director or his or her representatives 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 kind and source of discharge to the sewers or waterways or facilities for waste treatment.
(b) While performing the necessary work on private properties referred to in subsection (a) hereof, the Utilities 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 loss or damage to its property by 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.
(c) The Utilities Director and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, repair, sampling and maintenance of any portion of the sewage works 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 duly negotiated easement pertaining to the private property involved.
(d) Any industrial user shall be required to retain for a minimum of three years any records of monitoring activities and results and shall make such records available for inspection and copying by the Ohio EPA, the U.S. EPA or the City. This period of retention shall be extended during the course of any unresolved litigation regarding the industrial user or when requested by the Utilities Director.
(Ord. A-1742. Passed 1-22-90; Ord. A-2142. Passed 11- -98; Ord. A-2405. Passed 11-8-04; Ord. A-2743. Passed 12-10-12; Ord. A-2773. Passed 11-11-13; Ord. A-2788. Passed 6-23-14.)