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SECTION 161-11. RIGHT OF ENTRY.
A. The Commissioner and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter into, upon or through all properties without advance notice for the purpose of inspection, observation, measurement and testing to have access to and copy any records, to inspect any monitoring equipment or method required in S.161-6K and to sample any discharge to the sewers or waterways or facilities for waste treatment in accordance with the provisions of the chapter. The right of entry shall include entry to prevent any discharge which may reasonably appear to present imminent endangerment to persons, as described in S.161-12(A). The right of entry shall include the right to require the industrial user to install
monitoring equipment.
B. While performing the necessary work on private properties referred to in Subsection A of this section, the Commissioner 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 Commissioner 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 sewerage facilities lying within such easement. Entry to such easement shall be no more restrictive than entry to industrial user's premises. All entry and subsequent work, if any, on such easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
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