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ORDINANCE NO. 387

December 4, 2023

TOWN OF HENNESSEY

ORDINANCE NO. 387

AN ORDINANCE PERMITTING THE DIRECT DISCHARGE OF CERTAIN HAULED WASTE DIRECTLY INTO THE WASTEWATER TREATMENT PLANT; PROHIBITING THE DISCHARGE OF CERTAIN POLLUTANTS INTO THE WASTEWATER TREATMENT PLANT; FIXING USER FEES FOR DIRECT DISCHARGE; FIXING PENALTIES FOR VIOLATION; PROVIDING FOR REPEALER AND SEVERABILITY; DECLARING AN EMERGENCY; AND CONTAINING OTHER PROVISIONS RELATED THERETO.

            BE IT ORDAINED BY THE MAYOR AND TRUSTEES OF THE TOWN OF HENNESSEY, OKLAHOMA, AS FOLLOWS:

Section 1.      PERMITTED DISCHARGES.   Septic tank waste, portable toilet waste, recreational vehicle waste and other such wastes, that are not prohibited by Section 2 hereof, may be hauled and discharged directly into the Town’s wastewater treatment plant at a designated receiving location within such area, at such times as are established by the Town Administrator.

Section 2.      PROHIBITED DISCHARGES.   No user permitted to discharge by Section 1 hereof shall introduce or cause to be introduced into the Town’s wastewater treatment plant any pollutant or wastewater that creates pass-through or other interference with the existing operation of the plant.  Furthermore, no user may directly discharge the following substances into the plant:

            (a)       Pollutants which create a fire or explosive hazard in the Town wastewater collection system and publicly owned treatment works, including, but not limited to, wastestreams with a closed-cup flashpoint of less than 140 degrees Fahrenheit (60 degrees Celsius) using the test methods specified in 40 CFR 261.21.

            (b)       Any wastewater having a pH less than 6.5 or more than 9.0 or otherwise causing corrosive structural damage to the publicly owned treatment works or equipment or endangering personnel.

            (c)       Solid or viscous substances in amounts which will cause obstruction of the flow in the publicly owned treatment works resulting in interference, but in no case solids greater than one-half inch in any dimension.

            (d)       Any wastewater containing pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with either the publicly owned treatment works or any wastewater treatment or sludge process or which will constitute a hazard to humans or animals.

            (e)       Any wastewater having a temperature greater than 65 degrees Celsius (150 degrees Fahrenheit) or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 40 degrees Celsius (104 degrees Fahrenheit).

            (f)        Petroleum oil, nonbiodegradable cutting oil or products of mineral oil origin in amounts that will cause interference or pass through.

            (g)       Any pollutants which result in the presence of toxic gases, vapors or fumes within the publicly owned treatment works in a quantity that may cause acute worker health and safety problems.

            (h)       Any trucked or hauled pollutants, except at discharge locations designated by the city, in accordance with Section 1 hereof.

            (i)        Any noxious or malodorous liquids, gases, solids or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance, a hazard to life or to prevent entry into the sewers for maintenance and repair.

            (j)        Any wastewater which imparts color that cannot be removed by the treatment process, such as but not limited to dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant’s effluent, thereby violating the publicly owned treatment works National Pollutant Discharge Elimination System permit.  Color, in combination with turbidity, shall not cause the treatment plant effluent to reduce the depth of the compensation point for photosynthetic activity by more than ten percent from the seasonable established norm for aquatic life.

            (k)       Any wastewater containing any radioactive wastes or isotopes, except as specifically approved by the administrator in compliance with applicable federal or state regulations.

            (l)        Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water and unpolluted industrial wastewater, unless specifically authorized by the Town Administrator.

            (m)      Any sludges, screenings or other residues from the pretreatment of industrial wastes.

            (n)       Any medical wastes, except as specifically authorized by the administrator in a wastewater discharge permit.

            (o)       Any wastewater causing the treatment plant’s effluent to fail a toxicity test.

            (p)       Any wastes containing detergents, surface active agents or other substances which may cause excessive foaming in the publicly owned treatment works.

            (q)       Any discharge of fats, oils or greases of animal or vegetable origin is limited to 100 mg/l.

Section 3.      USER FEE SCHEDULE.   The following users described below shall pay (in advance together with information as required by the Town Administrator) the fees set forth below prior to each and every discharge authorized by Section 1 hereof:

User Description Fee
Septic Tank Trucks$.02/gallon for Hennessey businesses $.05/gallon for Out of Town Businesses 
Portable Toilets$250/Truck up to 3000 gallons 
Recreational vehicles or similar vehicles$25.00 per vehicle (5 free dumps/calendar year for current HUA Residential Customers) 
All Others$.02/gallon for Hennessey businesses $.05/gallon for Out of Town Businesses 
  
  
  
  

Section 4.      ACCESS.      Any person or entity can gain access by requesting such service Monday thru Friday 8:30 – 4:30 from Hennessey Town Hall.  Local Hennessey Businesses can gain access by requesting a key for 24 hour access.  Out of Town businesses can obtain a key for 24 hour access by paying a minimum $1000 per month for access. All key holders will be required to record each dump (Amount, Date, Time) and place it in the provided lock box.  Billing will be done at the end of the month with Net 10 terms.

Section 5.      PENALTY.   Any person or entity who violates any provisions of the Ordinance or who files a false application as required herein, upon conviction thereof, shall be punished by a fine not exceeding $1,000.00.  Each discharge which constitutes a violation of this Ordinance shall be considered a separate offense.

Section 6.      REPEALER.   All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of any such conflict.

Section 7.      SEVERABILITY.   If any section, sub-section, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion of this Ordinance.

Section 8.      EMERGENCY.   It being necessary for the preservation of the peace, health and safety of the Town and the inhabitants thereof that the provisions of this Ordinance be put into full force and effect, an emergency is hereby declared to exist by reason whereof this Ordinance shall take effect and be in full force from and after its passage as provided by law.

            PASSED AND APPROVED the _____ day of                            , 2023.

                                                                        TOWN OF HENNESSEY, OKLAHOMA

                                                                        By:___________________________________

                                                                              Mayor

Attest:

____________________________

Town Clerk

Last modified: December 4, 2023

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