A.
The Administrator and other duly authorized employees of the Village
and agents of the State Department of Health or any other agency having
jurisdiction, bearing proper credentials and identification, shall
be permitted to enter upon all properties for the purpose of inspection,
observation, measurement, sampling, and testing, in accordance with
the provisions of this chapter, at any time during reasonable or usual
business hours. The connection of premises to the sewer system shall
constitute and be deemed to be a continuing consent to such entry
for the purposes of this chapter on premises so connected.
B.
If the owner, occupant or person in charge of any premises in the
Village, to which the Village is given a right-of-entry for enforcement
or administration purposes by any provision of this chapter or any
code or regulation adopted by this chapter, refuses entry to the person
responsible for enforcement of such provision, such person shall seek
a warrant or use such other legal procedures as shall be advisable
and reasonably necessary to discharge his or her duties.
The Administrator shall have the authority to terminate wastewater
service to any user who attempts to violate or violates any provision
of this chapter, or who in any way attempts to avoid, delay, prevent,
or interfere with the execution or enforcement of any provision of
this chapter; or who fails to pay any charges levied against him,
whether regular or extraordinary, under this chapter, resolution or
other ordinance relating thereto; or who attempts to violate or violates
or attempts to avoid, delay, prevent or interfere with the execution
or enforcement of any rule or regulation promulgated by the Administrator
for compliance with or execution of this chapter; or who fails to
appear at a hearing to meet a charge against him under this chapter.
A.
Industrial or commercial users of the wastewater system are subject
to inspection of their facilities and records pertaining to raw material
use at the request of the Administrator during all reasonable business
hours and in an emergency at any time. Such inspections may include,
but are not limited to, monitoring of these users' operations.
The Village recognizes proper identification is necessary for access
to the facilities and will arrange any appropriate prior security
clearances.
B.
The premises of any user may be inspected at all reasonable hours
for the purpose of determining whether any violation of this chapter
exists.
C.
When required by the Administrator, the owner of a property serviced
by a building sewer carrying industrial wastes shall install a suitable
structure, together with such necessary meters and other appurtenances
in the building sewer to facilitate observation, sampling and measurement
of the wastes. Such structure, when required, shall be accessibly
and safely located and shall be constructed in accordance with plans
approved by the Administrator. The structure shall be installed by
the owner at his or her expense and shall be maintained by him or
her so as to be safe and accessible at all times. Following approval
and installation, such meters may not be removed without the consent
of the Administrator.
D.
If a user refuses to grant the Administrator entry upon request,
the Administrator may seek an administrative warrant for inspection
from any court authorized to issue search warrants under state law.
In an emergency which creates an immediate and substantial danger
to persons or property, the premises of a user may be inspected at
any time and without permission or a warrant.
E.
No trade secret or patented process disclosed to the Village under
this chapter shall be disclosed to other nongovernmental persons.
Such information shall be confidential and exempt from release to
nongovernmental persons in accordance with Section 13(1)(f) of the
Freedom of Information Act, Act No. 442 of the Public Acts of Michigan
of 1976 (MCLA § 15.243), as amended.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
