The United States Environmental Protection Agency (“EPA”) has approved modifications to the City of Henderson, Nevada (“City”) pretreatment program. The modifications are comprised of Ordinance No. 3496, adopted by the Henderson City Council (“City Council”) on July 10, 2018, that repeals and replaces Henderson Municipal Code, Title 14, Chapter 14.09 - Pretreatment Regulations (“Ordinance”) and an updated Enforcement Response Plan (“ERP”).
Statement of Basis for Program Modification
The revisions to the Ordinance include: re-formatting to consolidate pretreatment program requirements allowing industrial users to more easily locate relevant information; updated definitions; updated wastewater discharge prohibitions (technically based local limits); updated enforcement response measures; and the incorporation of additional requirements from 40 CFR Part 403. The revisions to the ERP include guidance on enforcement mechanisms available to the City in response to instances of non-compliance by an industrial user.
Pursuant to 40 CFR 403.18(c)(4) and in accordance with 40 CFR 403.11(b), the City issued public notice on October 13, 2017. The City published notice of its request to modify its pretreatment program in the Las Vegas Review Journal and mailed notice letters to NDEP, the Nevada Fish and Wildlife Office of the U.S. Fish and Wildlife Service (the “Service”), and the Nevada Department of Wildlife (“NDOW”). Through that public notice, the City informed interested and potentially interested persons that they could provide written comments to the City regarding the draft ordinance and ERP. The deadline for the City to receive written comments regarding that notice was 5:00 pm Pacific time on Monday, November 13, 2017. The City received four comments; two of the comments requested a public hearing. City staff reviewed those comments, revised the ordinance to appropriately address the comments, submitted the changes to EPA for an informal review and held a public workshop on February 6, 2018 to review and discuss the public comments and discuss City staff’s proposed changes to the draft ordinance. Thereafter, City staff made additional changes to the draft ordinance and submitted the further-revised draft ordinance to EPA for final approval.
- Legal Notice of Proposed Modification of COH Pretreatment Program
- Draft Henderson HMC 14.09
- Draft Pretreatment Enforcement Response Plan
- BMI - Proposed Pretreatment Regulation Comments
- Olin - Proposed Pretreatment Regulation Comments
- TIMET - Proposed Pretreatment Regulation Comments
- Tronox - Proposed Pretreatment Regulation Comments
The City held a public workshop to review the four comments, discuss the City’s proposed changes to the draft Ordinance, and solicit feedback regarding those changes.
Ordinance No. 3496
Adopted July 10, 2018; Effective August 9, 2018
Pretreatment Enforcement Response Plan
Effective August 9, 2018
EPA Approval of Substantial Modification to Existing Pretreatment Program
City of Henderson (08/09/2018)
Should you have any questions, please feel free to contact Pretreatment by phone at 702-267-2603 or via email at COHPT@cityofhenderson.com.