(A) Upon presentation of proper credentials and identification, the Superintendent, Inspector and other duly authorized employees of the town’s sanitary sewer system shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter. The Superintendent or his or her representative shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other activities beyond that point having a direct bearing on the kind and source of discharge to the sewerage system, waterways or facilities for waste treatment.
(B) While performing any necessary work on private properties, the Superintendent or duly authorized employees of the town’s sanitary sewer system shall observe all reasonable safety rules applicable to the premises as established by the property owner. The property owner shall be held harmless for injury or death to the town’s sanitary sewer system employees (except for property owner’s, or its employee’s or agents, intentional acts or negligence), and the town shall indemnify the property owner against loss or damage to its property by town’s sanitary sewer system employees and against liability claims and demands for personal injury or property damage asserted against the property owner and growing out of the inspection, gauging and sampling operation, except as such may be caused by negligence or failure of either party to maintain safe working conditions.
(C) The Superintendent and other duly authorized employees of the town’s sanitary sewer system shall be permitted to enter all private properties through which the town’s sanitary sewer system holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works 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.
(D) If any party encroaches upon any easement granted to the town by any person or entity, user or otherwise, the town shall be afforded all remedies available at law and in equity, including, but not limited to, the right to require the removal of any such encroachment.
(Ord. 2015-6, passed 6-25-2015)