No person shall place, deposit, or permit to be deposited in
an unsanitary manner upon public or private property within the City,
or in any area under the jurisdiction of the City, any human or animal
excrement, garbage, or other objectionable waste.
No person shall discharge to any natural outlet within the City
or in any area under the jurisdiction of the City, or into any storm
sewer, any sanitary sewage, industrial wastes, or other polluted waters
except where suitable treatment has been provided in accordance with
subsequent provisions of this chapter.
No person having his or her place of business or residence within
the territorial limits of the City waterworks and sewerage system
shall be permitted to dispose of the sewage of such residence or place
of business located in the City otherwise than through the sanitary
sewer mains of the City.
[Added 1989 by Ord. No. 626; amended 1999 by Ord. No. 737]
A. Any person, firm, entity, municipality or corporation is prohibited
from drilling, operating or causing to be operated any gas or oil,
or any water well other than for owner-occupied residential or agricultural
purposes, within the immediate watershed or those areas providing
the public water supply for the City, on lands within the limits of
said water source area not owned by the City except by the express
written approval of the City Council.
[Amended 2-6-2017 by Ord.
No. 994]
B. The City Council may at any time require any person drilling a well
with its permission to cease drilling, or, if the well is drilled
and is in production, to cease the use of said well, if, in the opinion
of the City Council, the well may diminish or pollute the City water
supply. Any drilling of any well, cavity or hole of any type or nature
deeper than 75 feet shall be deemed to be unsafe and a danger to pollute
the City water supply and no person, firm, corporation or other entity
shall drill such a well, cavity or hole deeper than 75 feet without
obtaining prior consent from the City Council of the City of El Paso.
C. Any person, firm, entity, municipality or corporation violating the
provisions of this section by drilling, operating or causing to be
operated gas or oil wells or water wells for other than owner-occupied
residential and agricultural purposes or to do any other operation
in an effort to produce or save water, gas or oil within the area
shown to be the immediate watershed and lands providing the public
water supply for the City, as described above, which area is declared
to be the range in which any of the aforesaid operations shall be
a source of injury and pollution to said water source, without the
express written approval of the City Council shall be deemed guilty
of a misdemeanor. Each and every day that the condition or act in
violation of this section shall remain or continue shall be deemed
a separate and a distinct offense.
[Amended 2-6-2017 by Ord.
No. 994]
D. Agricultural
purposes defined; when drilling and/or operation of water well for
commercial purposes prohibited. "Agricultural purposes" are defined
to mean the furnishing of water to livestock and for crop production,
but specifically excluding the irrigation of crops grown for commercial
purposes. No water well intended to be used for irrigation of commercial
crop land shall be drilled or operated without obtaining the prior
express written consent of the City Council as set forth in this section.
All inhabitants of the City will, at their own expense, make
or cause to be made connections to the public sanitary sewer system
within one year after the same is completed and is made available
for use to the particular property concerned, or within such additional
period as the City Council determines. All users shall discontinue
within the same period of time any connection which they heretofore
may have had with any other private line, privy, privy vault, septic
tank, cesspool, or other facility intended or used for the disposal
of sewage.
[Amended 2-6-2017 by Ord.
No. 994]
No unauthorized person shall uncover, make any connections with
or opening into, use, alter or disturb any public sewer, or appurtenance
thereof, without having first obtained a written permit from the Director
of Public Service.
[Amended 2-6-2017 by Ord.
No. 994]
Whenever any permit for a connection with sewers of the City
is used under this chapter, only a person authorized by the Director
of Public Service shall tap the sewer main of the system where such
connection is to be made, and the connection shall be approved by
the Director of Public Service before it is covered.
All openings made in streets and sidewalks shall be protected
at all times by sufficient barriers, on which signal lights or flares
shall be placed and maintained after dark, together with such other
provisions pertaining to street openings.
No person shall discharge or cause to be discharged any stormwater,
surface water, groundwater, roof runoff, subsurface drainage, uncontaminated
cooling water or unpolluted industrial process waters to any sanitary
sewer.
[Amended 2-6-2017 by Ord.
No. 994]
Stormwater and all other unpolluted drainage shall be discharged
to such sewers as are specifically designated as storm sewers, or
to a natural outlet approved by the Director of Public Service. Industrial
cooling water or unpolluted process waters may be discharged, on approval
of the Director of Public Service, to a storm sewer or natural outlet.
No person shall discharge or cause to be discharged any of the
following described waters or wastes to any public sewers:
A. Any gasoline, benzene, naphtha, fuel oil or other flammable or other
explosive liquid, solid or gas.
B. Any waters or wastes containing toxic or poisonous solids, liquids
or gases in sufficient quantity, either singly or by interaction with
other wastes, to injure or interfere with any sewage treatment process,
constitute a hazard to humans or animals, create a public nuisance
or create any hazard in the receiving waters of the sewage treatment
plant, including but not limited to cyanides in excess of two milligrams
per liter as CN in the wastes as discharged to the public sewer.
C. Any waters or wastes having a pH lower than 5.5, or having any other
corrosive property capable of causing damage or hazard to structures,
equipment, and personnel of the sewage works.
D. Solid or viscous substances in quantities or of such size capable
of causing obstruction to the flow in sewers, or other interference
with the proper operation of the sewage works such as, but not limited
to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags,
feathers, tar, plastics, wood, unground garbage, whole blood, paunch
manure, hair and fleshings, entrails and paper dishes, cups, milk
containers, etc., either whole or ground by garbage grinders.
A. No person shall discharge or cause to be discharged the following
described substances, materials, waters or wastes if it appears likely,
in the opinion of the Director of Public Service, that such wastes
can harm either the sewers, sewage treatment process or equipment,
have an adverse effect on the receiving stream, or otherwise endanger
life, limb or public property, or constitute a nuisance. In forming
his opinion as to the acceptability of these wastes, the Director
of Public Service will give consideration to such factors as the quantities
of subject wastes in relation to flows and velocities in the sewers,
materials of construction of the sewers, nature of the sewage treatment
process, capacity of the sewage treatment plant, degree of treatability
of wastes in the sewage treatment plant and other pertinent factors.
[Amended 2-6-2017 by Ord.
No. 994]
B. The substances prohibited are:
(1) Any liquid or vapor having a temperature higher than 150° F.
(65° C.).
(2) Any water or waste containing fats, wax, grease or oils, whether
emulsified or not, in excess of 100 milligrams per liter or containing
substances which may solidify or become viscous at temperatures between
32° F. and 150° F. (0° C. and 65° C.).
(3) Any garbage that has not been properly shredded. The installation
and operation of any garbage grinder equipped with a motor of 3/4
horsepower (0.76 horsepower metric) or greater shall be subject to
the review and approval of the Director of Public Service.
[Amended 2-6-2017 by Ord.
No. 994]
(4) Any waters or wastes containing strong acid iron pickling wastes
or concentrated plating solutions, whether neutralized or not.
(5) Any waters or wastes containing iron, chromium, copper, zinc and
similar objectionable or toxic substances; or wastes exerting an excessive
chlorine requirement, to such degree that any such material received
in the composite sewage at the sewage treatment works exceeds the
limits established by the Director of Public Service for such materials.
[Amended 2-6-2017 by Ord.
No. 994]
(6) Any waters or wastes containing phenols or other taste-producing
or odor-producing substances, in concentrations exceeding limits which
may be established by the Director of Public Service as necessary,
after treatment of the composite sewage, to meet the requirements
of the state, federal or other public agencies of jurisdiction for
such discharge to the receiving waters.
[Amended 2-6-2017 by Ord.
No. 994]
(7) Any radioactive wastes or isotopes of such half-life or concentration
as may exceed limits established by the Director of Public Service
in compliance with applicable state or federal regulations.
[Amended 2-6-2017 by Ord.
No. 994]
(8) Any waters or wastes having a pH in excess of 9.5.
(9) Materials which exert or cause:
(a)
Unusual concentrations of inert suspended solids (such as, but
not limited to, fuller's earth, lime slurries and lime residues) or
of dissolved solids (such as, but not limited to, sodium chloride
and sodium sulfate).
(b)
Excessive discoloration (such as, but not limited to, dye wastes
and vegetable tanning solutions).
(c)
Unusual BOD, chemical oxygen demand, or chlorine requirements
in such quantities as to constitute a significant load on the sewage
treatment works.
(d)
Unusual volume of flow or concentration of wastes constituting
slugs.
(10)
Waters or wastes containing substances which are not amenable
to treatment or reduction by the sewage treatment processes employed,
or are amenable to treatment only to such degree that the sewage treatment
plant effluent cannot meet the requirements of other agencies having
jurisdiction over discharge to the receiving waters.
(11)
Any mercury or any of its compounds in excess of 0.0005 mg/l
as Hg at any time except as permitted by the City Council in compliance
with applicable state and federal regulations.
(12)
Any cyanide in excess of 0.025 mg/l at any time except as permitted
by the City Council in compliance with applicable state and federal
regulations.
[Amended 2-6-2017 by Ord.
No. 994]
A. If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in §
302-25, and which, in the judgment of the Director of Public Service, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Director of Public Service may:
(2) Require pretreatment to an acceptable condition for discharge to
the public sewers;
(3) Require control over the quantities and rates of discharge; and/or
(4) Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of §
302-31.
B. If the Director of Public Service permits the pretreatment or equalization
of waste flows, the design and installation of the plants and equipment
shall be subject to the review and approval of the Director of Public
Service, and subject to the requirements of all applicable ordinances,
codes and laws.
[Amended 2-6-2017 by Ord.
No. 994]
Grease, oil and sand interceptors shall be provided when, in
the opinion of the Director of Public Service, they are necessary
for the proper handling of liquid wastes containing grease in excessive
amounts, or any flammable wastes, sand or other harmful ingredients;
except that such interceptors shall not be required for private living
quarters or dwelling units. All interceptors shall be of a type and
capacity approved by the Director of Public Service and shall be located
so as to be readily and easily accessible for cleaning and inspection.
Where preliminary treatment or flow-equalizing facilities are
provided for any waters or wastes, they shall be maintained continuously
in satisfactory and effective operation by the owner at his expense.
[Amended 2-6-2017 by Ord.
No. 994]
Each industry shall be required to install a control manhole
and, when required by the Director of Public Service, the owner of
any property serviced by a building sewer carrying industrial wastes
shall install a suitable control manhole together with such necessary
meters and other appurtenances in the building sewer to facilitate
observation, sampling and measurement of the wastes. Such manhole,
when required, shall be accessible and safety located, and shall be
constructed in accordance with plans approved by the Director of Public
Service. The manhole shall be installed by the owner at his expense,
and shall be maintained by him so as to be safe and accessible at
all times.
A. All measurements, tests and analyses of the characteristics of waters
and wastes to which reference is made in this chapter shall be determined
in accordance with the latest edition of Standard Methods for the
Examination of Water and Wastewater, published by the American Public
Health Association, and shall be determined at the control manhole
provided, or upon suitable samples taken at said control manhole.
B. In the event that no special manhole has been required, the control
manhole shall be considered to be the nearest downstream manhole in
the public sewer to the point at which the building sewer is connected.
Sampling shall be carried out by customarily accepted methods to reflect
the effect of constituents upon the sewage works and to determine
the existence of hazards to life, limb and property.
C. The particular analyses involved will determine whether a twenty-four-hour
composite of all outfalls of a premises is appropriate or whether
a grab sample or samples should be taken. Normally, but not always,
BOD and suspended solids analyses are obtained from twenty-four-hour
composites of all outfalls, whereas pHs are determined from periodic
grab samples.
D. The owner of any property serviced by a building sewer carrying industrial
wastes shall provide laboratory measurements, tests, and analyses
of waters and wastes to illustrate compliance with this chapter and
any special conditions for discharge established by the City Council
or regulatory agencies having jurisdiction over the discharge. The
number, type, and frequency of laboratory analyses to be performed
by the owner shall be as stipulated by the City Council, but no less
than once per year the industry must supply a complete analysis of
the constituents of the wastewater discharge to assure that compliance
with the federal, state and local standards is being met. The owner
shall report the results of measurements and laboratory analyses to
the City Council at such times and in such manner as prescribed by
the City Council. The owner shall bear the expense of all measurements,
analyses, and reporting required by the City Council. At such times
as deemed necessary, the City Council reserves the right to take measurement
and samples for analysis by an outside laboratory service.
No statement contained in §§
302-22 through
302-30 shall be construed as preventing any special agreement or arrangement between the City and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, subject to payment therefor, by the industrial concern; provided such payments are in accordance with state and federal guidelines for user charge systems.
[Amended 2-6-2017 by Ord.
No. 994]
The building sewer shall be of cast-iron soil pipe, ASTM specification
A-74, or vitrified clay sewer pipe, ASTM specification C-13. Joints
shall be tight and waterproof. Cast-iron pipe shall be required by
the Director of Public Service where the building sewer is exposed
to damage by tree roots. If installed in filled or unstable ground,
the building sewer shall be of cast-iron soil pipe or vitrified clay
pipe laid on a suitable concrete cradle, as approved by the Director
of Public Service.
All joints and connections shall be gas-tight and water-tight.
Cast-iron pipe joints shall be firmly packed with oakum or hemp and
filled with molten lead not less than one inch deep. Lead shall be
run in one pour and caulked tight. All joints in vitrified clay pipe
shall have a precast joint as hereinafter specified. Precast joints
on vitrified clay pipe shall be approved factory-made precast joint
of flexible vinyl or polyester resin conforming to ASTM specification
C425. Joints shall be fitted at the factory with a ring die cast into
the socket of the pipe and the spigot of the pipe shall be fitted
with a collar of the same material.
[Amended 2-6-2017 by Ord.
No. 994]
All connections to the public sewer shall be made in accordance
with the directions and under the supervision of the Director of Public
Service. All taps to an existing main, if necessary to be made, shall
require the use of a saddle and such other special fittings as may
be required by the Director of Public Service.
[Amended 2-6-2017 by Ord.
No. 994]
The size and slope of the building sewer shall be subject to
the approval of the Director of Public Service, but in no event shall
the diameter be less than six inches, except four inches cast iron
shall be permitted, provided it is constructed for the full length
of the building sewer. The slope of the pipe shall not be less than
1/8 inch per foot. Whenever possible, the building sewer shall be
brought to the building at an elevation below the basement floor.
No building sewer shall be laid parallel to or within three feet of
any bearing wall which might thereby be weakened. The depth shall
be sufficient to afford protection from frost. The building sewer
shall be laid at a uniform grade and in straight alignment insofar
as possible. Changes in direction shall be made only with properly
curved pipe and fittings. In all buildings in which any building drain
is too low to permit gravity flow to the public sewer, sanitary sewage
carried by such drain shall be lifted by approved artificial means
and discharged to the building sewer.
A. No person shall install or repair any building sewer without first
obtaining a written permit for such work from the office of the Director
of Public Service. Any such person or his agent shall make application
therefor on a form furnished by the City, prior to the commencement
of any sewer work.
[Amended 2-6-2017 by Ord.
No. 994]
B. Said application shall be accompanied by a plot plan, diagram or
sketch adequately disclosing thereon:
(1) The size of the lot and the location of the buildings and structures
thereon to be served by said building sewer.
(2) The location, direction, size and kind of sewer pipe to be used.
(3) The place and location on public property where said building sewer
is to be connected with or tapped into the public sewer system.
(4) Such other pertinent information as may be requested, together with
such fees as may be established from time to time by ordinance.
A separate and independent building sewer shall be provided
for every building; except where one building stands at the rear of
another on an interior lot and no building sewer is available or can
be constructed to the rear building through an adjoining alley, court,
yard or driveway, the building sewer from the front building may be
extended to the rear building and the whole considered as one building
sewer.
[Amended 2-6-2017 by Ord.
No. 994]
All excavations required for the installation of a building
sewer shall be open trench work, unless otherwise approved by the
Director of Public Service, and no backfill shall be replaced until
the sewer pipes laid therein have been inspected.
A. All excavations for building sewer installation shall be adequately
guarded with barricades and lights so as to protect the public from
hazard.
B. Streets, sidewalks, parkways and other public property disturbed
in the course of the work shall be restored in a satisfactory manner
in accordance with the provisions pertaining to street openings.
Whenever a sanitary building sewer or drain thereto is obstructed,
or is found to be broken or defective so that sewage or drainage escapes
into the surrounding soil or into adjacent premises, repair or replacement
may be ordered by the Department. Such repairs shall be at the expense
of the owner or person in control of such property.
When a part of the building sewer system is broken into, such
break shall be properly repaired by replacing the broken part with
a corresponding new part. No patching of such break will be accepted.
[Amended 2-6-2017 by Ord.
No. 994]
Basement floor drains are required to be connected to the sanitary
sewer unless the same are removed or permanently plugged in accordance
with the directions of the Director of Public Service. Footing tile
or other drain tile under the floor or outside the perimeter of the
foundation and footings of the building cannot be connected to the
sanitary sewer and any cross drain or connection to the floor drains
must be permanently severed and disconnected, also in accordance with
the directions of the Director of Public Service.
Water pressure ejectors or siphons shall not be installed for
the discharging of any sewerage or waste unless adequately protected
against backsiphonage.
[Amended 2-6-2017 by Ord.
No. 994]
All building sewer pipes and connections shall be inspected
and approved by the Director of Public Service or other persons under
his direction, and no such sewer pipes shall be covered until they
have been so inspected.
[Amended 2-6-2017 by Ord.
No. 994]
The applicant for the building sewer permit shall notify the
Director of Public Service at least 24 hours before the building sewer
is ready for inspection and connection to the public sewer.
[Amended 2-6-2017 by Ord.
No. 994]
A. All cost and expense incident to the installation of the building
sewer and connection therewith to the municipal sewer system shall
be paid for by the applicant.
B. Any contractor engaged in the business of making connections to the
sewerage system shall provide the City with liability insurance to
indemnify and save harmless the City from any or all claims for loss
or damage sustained that may directly or indirectly be occasioned
by the street openings and work performed on public property. The
amount of such insurance shall be not less than $500,000 personal
injury to one person, $10,000 for each accident and $250,000 for property
damage.
C. As a further prerequisite to the issuing of a permit, the contractor
shall file a bond satisfactory to and payable to the City in an amount
set by the City Council conditioned upon the faithful performance
of work in full compliance with this chapter, and as security for
the payment of any penalties for the violations of any provisions
of this chapter.
No septic tanks or other similar private sewage disposal system shall be used from and after the period set forth in §
302-18 except in cases where connections to the same are not possible or feasible, as determined by the City Council.
When a public sewer main becomes available, as provided in this
chapter, any septic tank, outhouse, privy, privy vault, cesspool or
other private sewage disposal system theretofore used shall be discontinued,
and a direct connection shall be made to the municipal sewerage system
in compliance with this chapter; and no septic tanks or similar private
sewage disposal facilities shall be permitted to discharge into any
public sewer main, storm sewer or natural outlet.
Where it is desired to connect a property to a public sewer,
an extension of the public sewer shall be made by the property owner,
at his expense.
[Amended 2-6-2017 by Ord.
No. 994]
The size of the sewer to be built shall be determined by the City Council but in no case shall be less than eight inches in diameter. All extensions to public sewers shall be made with vitrified clay pipe conforming to ASTM specifications C-700. All joints shall be hot-poured or die-cast joints as set out under §
302-33. Manholes shall be constructed at each change in direction and not more than 300 feet apart on straight sewers. Construction methods shall be in accordance with the Standard Specifications for Sewer Construction. All joints shall be hot-poured or die-cast joints as set out under §
302-33. Manholes shall be constructed at each change in direction and not more than 300 feet apart on straight sewers. Construction methods shall be in accordance with the latest edition of Standard Specifications for Water and Sewer Main Construction in Illinois, adopted by the City Council and on file at the office of the City Clerk. All construction shall be subject to the inspection of the Director of Public Service or other designated representatives.
[Amended 2-6-2017 by Ord.
No. 994]
A. It is unlawful for any person owning property located within the
City to permit any of the following conditions to be or remain on
such property 90 days after notification by the Director of Public
Service or actual knowledge of the existence of such a condition:
(1) A storm sewer or storm drain which is so constructed or is in such
a condition as to allow or permit the discharge of stormwater, surface
water or groundwater into a building drain, building sewer or public
sanitary sewer, either directly through a direct connection or indirectly
by discharging or permitting the discharge of such water in or near
areas of gravel, crushed rock or other porous soil or material located
near or around openings, holes, cracks, loose joints or other gaps
in a building drain, building sewer or public sanitary sewer;
(2) A private combined sewer;
(3) A stormwater, surface water or groundwater collection or diversion
device, including without limitation the following: area drains, yard
drains, footing tiles, downspout, leaders, stormwater, surface water
or groundwater sump pumps or other pumping device, which is constructed
or in such a condition as to discharge or permit or allow the discharge
of stormwater, surface water or groundwater into a building drain,
building sewer or public sanitary sewer either directly through a
direct connection or indirectly by discharging or permitting the discharge
of such water in or near areas of gravel, crushed rock or other porous
soil or material located near or around openings, holes, cracks, loose
joints or other gaps in a building drain, building sewer or public
sanitary sewer;
(4) A building drain or building sewer with broken, missing or cracked
tiles, loose or separated joints or other holes, cracks, gaps or spaces;
(5) Any other fixture, structure or condition which permits or allows
or is in such a condition as to permit or allow stormwater, surface
water or groundwater to enter directly or indirectly a building drain,
building sewer or public sanitary sewer.
B. The Director of Public Service may give notification of the existence of such a condition described in Subsection
A of this section either personally or by ordinary mail with postage fully prepaid to the owner of record of the property on which such a condition is located or to the person who last paid local real estate taxes on such property and upon the giving or mailing of such notification, the property owner shall be deemed to have notice of the existence of such a condition.
C. The notification provided in Subsection
B of this section shall be given if one or more of the following occurs:
(1) An on-site visual or physical inspection of the property indicates the existence of a condition described in Subsection
A of this section.
(2) A dye test indicates that water or dye placed in stormwater, surface
water or groundwater collection or diversion devices or in the ground
near the foundation of a building or structure located on such property
enters the public sanitary sewer.
(3) A smoke test indicates that smoke placed into the public sanitary
sewer under pressure is escaping through the ground or through downspouts,
leaders, gutters, yard drains, area drains or other stormwater collection
or diversion devices located on the owner's property.
D. The Director of Public Service is authorized and directed to develop
material describing the testing procedures hereinabove referred to
and indicating the manner in which such tests shall be conducted.
E. Any person to whom such notification is given may appeal the determination
of the Director of Public Service to the Water and Sewer Committee
of the City by delivering to the City Administrator within 10 days
from the date such notification is given a notice of appeal detailing
the circumstances, grounds or reasons the property owner believes
the Director's determination is incorrect or inaccurate, which notification
shall be substantially in the following form:
|
NOTICE OF APPEAL
|
|
To: The Water and Sewer Committee of the City of El Paso
|
|
I, _________________________ am the owner of certain property
located within the City of El Paso, commonly known as _________________________.
|
|
On _______________, I was notified that a condition described in § 302-51 of the Municipal Code of the City of El Paso, Illinois, 2016, as amended, exists on my property and, therefore, appeal the Director of Public Service's determination for the following reasons:
|
|
(Enumerate in detail the reasons the property owner does not
believe the condition exists and/or the determination of the Director
of Public Service is inaccurate or incorrect.)
|
|
|
|
|
|
Signature of Property Owner
|
(1) Upon the timely filing of such an appeal, the Water and Sewer Committee
shall conduct an administrative hearing thereon, affording the property
owner an opportunity to appear and present evidence in support of
his or her appeal and to respond to affirmative defenses offered by
the Director of Public Service and providing the Director of Public
Service an opportunity to respond to the allegations or representations
of the property owner, and to present affirmative material in support
of the original determination. At the conclusion of the hearing, the
Committee shall sustain or reverse the determination of the Director
of Public Service and shall notify the property owner and Director
of Public Service of its decision by verbally announcing it at the
hearing or, in the absence of the property owner, by mailing a copy
thereof to the owner at the address indicated in the notice of appeal.
(2) A timely appeal shall stay the ninety-day period provided in the
Director of Public Service's notification from the date of filing
of the appeal to the date of decision by the Committee.
[Amended 2-6-2017 by Ord.
No. 994]
A. The Director of Public Service and other duly authorized employees
of the City, the Illinois Environmental Protection Agency, and the
U.S. Environmental Protection Agency, 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 of
Public Service or his representative 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 waterway
or facilities for waste treatment.
B. While performing the necessary work on private properties referred to in Subsection
A of this section, the Director of Public Service or duly authorized employees of the City, the Illinois 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 City employees and the City shall indemnity 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 operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in §
302-29.
C. The Director of Public Service 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, 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.