Laserfiche WebLink
-CODE OF ORDINANCES <br /> Chapter 78- UTILITIES <br /> ARTICLE III. -SEWERS AND SEWAGE DISPOSAL <br /> DIVISION 2. -SEWER USE AND DISCHARGE REQUIREMENTS <br /> Subdivision I. - In General <br /> Sec. 78-93. - Liability for expense or damage caused by violation. <br /> In addition to other penalties imposed for violation of this article, any person violating any of the <br /> provisions of this division shall become liable to the city for any expense, loss or damage occasioned by <br /> the city by reason of such violations. <br /> (Code 1982, § 1300.14(4)) <br /> Sec. 78-94. -Access to premises. <br /> (a) Duly authorized employees of the city bearing proper credentials and identification shall, at <br /> reasonable times, be permitted to enter upon all properties for the purpose of inspection, <br /> observation, measurement, sampling and testing in accordance with the provisions of this division. <br /> Such employees shall not have authority to inquire into any industrial processes, including but not <br /> limited to metallurgical, chemical, oil, refining, ceramic, or paper operations, except as is necessary <br /> to determine the type and source of the discharge to the public sewer. While performing such <br /> necessary work on such properties, the city employees shall observe all safety rules applicable to <br /> the premises. <br /> (b) Duly authorized employees of the city bearing proper credentials and identification shall, at <br /> reasonable times, be permitted to enter upon all properties through which the city holds an easement <br /> for the purpose of, but not limited to, inspection, observation and construction of public sewers. <br /> (c) The duly authorized representatives or other duly authorized employees of the city, bearing proper <br /> credentials and identification, shall be permitted to enter all properties for the purpose of inspection, <br /> observation, measurement, sampling and testing pertinent to the discharges to the city's sewer <br /> system in accordance with the provisions of this division. <br /> (d) The duly authorized representatives or other duly authorized employees are authorized to obtain <br /> information concerning industrial processes which have a direct bearing on the type and source of <br /> discharge to the wastewater collection system. An industry may withhold information considered <br /> confidential; however, the industry must establish that the revelation to the public of the information <br /> in question might result in an advantage to competitors. <br /> (e) While performing necessary work on private properties, the duly authorized representatives or duly <br /> authorized employees of the city shall observe all safety rules applicable to the premises established <br /> by the company, and the company shall be held harmless for injury or death to the city employees, <br /> and the city shall indemnify the company against loss or damage to its property by city employees <br /> and against liability claims and demands for personal injury or property damage asserted against the <br /> company and growing out of the gauging and sampling operation, except as such may be caused by <br /> negligence or failure of the company to maintain safe conditions as required in this division. <br /> (f) The duly authorized representatives or other duly authorized employees of the city bearing proper <br /> credentials and identification shall be permitted to enter all private properties through which the city <br /> holds an easement for the purposes of, but not limited to, inspection, observation, measurement, <br /> sampling, repair and maintenance of any portion of the wastewater facilities lying within the <br /> easement. All entry and subsequent work, if any, on the easement, shall be done in full accordance <br /> with the terms of the easement pertaining to the private property involved. In addition to other <br /> penalties for refusal to permit inspections under this section, all subsequent sewer bills shall be <br /> charged at triple the regular rate until inspection is freely permitted by the refusing service recipient. <br /> (Code 1982, § 1300.12) <br /> Elk River, Minnesota, Code of Ordinances Page 7 <br />