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HomeMy Public PortalAboutOrdinance 912ORDINANCE NO. 912 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 8.46 OF THE BEAUMONT MUNICIPAL CODE ENTITLED "PERMITTING THE INSTALLATION OF CERTAIN WATER SOFTENING APPLICANCES" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Chapter 8.46, entitled "Permitting the Installation of Certain Water Softening Appliances", is hereby amended to read as specifically provided for in Exhibit "A", which Exhibit is attached hereto and made a part hereof Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 5th day of June , 2007, by the following roll call vote: AYES: Mayor Fox, council Members DeForge, Berg, and Killough NOES: None ABSTAIN: None ABSENT: Council Member Dressel MOVED, PASSED AND ADOPTED this 3rd day of July , 2007, upon second reading by the following roll call vote: AYES: Mayor Pro Tem DeForge, Council Members Dressel, Berg, and Killough NOES: None ABSTAIN: None ABSENT: Mayor Fox AT City Clerk ulis) 1 CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 912 duly introduced at a regular meeting of the City Council of the City of Beaumont held on 6/5/07 ,1G and was duly adopted upon a second reading on 7/3/ , 2007, by the roll call votes indicated therein. (SEAL) CITY OF BEAUMONT By Karen Thompson, City Clerk 2 CHAPTER 8.46 PROHIBITION ON THE INSTALLATION OF CERTAIN WATER SOFTENING APPLICANCES Sections: Section 8.46.010 Purpose Section 8.46.020 Definitions Section 8.46.030 Findings Section 8.46.040 Prohibition Section 8.46.050 Violation Section 8.46.060 Enforcement Section 8.46.070 Severability Section 8.46.010 Purpose The purpose of this Ordinance is to protect the quality of the waters of the State including, but not limited to, protecting the beneficial uses of the Beaumont Groundwater Basin, which Basin provides most of the potable water drinking supply for the residents of the City of Beaumont. Section 8.46.020 Definitions The following definitions shall apply to the terms used in this Ordinance: A. "City" shall mean the City of Beaumont. B. "Person" includes any person, firm, association, organization, partnership, business, trust, corporation, company, district, county, town, the state, the federal government and any of the agencies and political subdivisions of such entities. C. "Regional Board" means the California Regional Water Quality Control Board, Santa Ana Region, created and exercising its powers pursuant to the Porter -Cologne Water Quality Control Act, California Water Code, Section 13000 et seq. D. "Residence" means a structure which is or is intended to be, in whole or in part, a place of dwelling, whether occupied or not, whether fully constructed or not, and includes without limitation, homes, whether attached to another structure or not, apartments, condominiums and mobile homes. E. "Residential Self -Regenerating Water Softening Appliance" means a water softening device located within or adjacent to a residence located within the City or which discharges to a community sewer system that is tributary to the sewer system owned and 1 operated by the City, whereby the capability of the appliance to remove hardness from water is renewed by the on-site application of a chloride salt -containing brine solution to the active softening or conditioning material contained therein, followed by a subsequent rinsing of the active softening or conditioning material. Section 8.46.030 Findings A. The State Legislature has found and declared that pollution prevention should be the first step in a hierarchy for reducing pollution and managing wastes, and to achieve environmental stewardship for society. B. The Santa Ana River Basin Plan adopted by the Regional Board, and the waste discharge requirements issued by the Regional Board to the City for the City's publicly -owned wastewater treatment plant obligate the City to protect the pristine quality of the Beaumont Basin water supply by reducing and eliminating saline discharges to the Beaumont Basin. C. The City Council has been informed and advised that residential self -generating water softening appliances individually generate and discharge salt to the Beaumont Basin, which salt cannot be removed from the drinking water supply by traditional water treatment and disposal methods. The City Council has been further advised that new residential development in the City has the potential for creating a proliferation of such appliances thereby potentially impairing the quality of the drinking water supply and undermining the City's ability to comply with the Regional Board's Wastewater Discharge requirements for its wastewater treatment plant. D. Requiring a permit prior to the installation of self -regenerating water softening appliances is a useful means of quantifying the number of such installations and determining the impact on water quality achieving compliance with the waste discharge requirements issued by the Regional Board. Section 8.46.040 Prohibition No person shall install or in any manner assist in the installation of a residential self - regenerating water softening appliance that discharges into the community sewer system owned and operated by the City or that discharges into a community sewer system that is tributary to the sewer system owned and operated by the City unless that person has first obtained a permit therefor from the City Manager or his/her designee. Section 8.46.050 Violation A. Any person violating any provision of this Chapter shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. B. Any individual convicted of a violation of this Chapter shall be: 1. Guilty of an infraction offense and punished by a fine not exceeding One Hundred Dollars ($100.00) for the first violation; 2 2. Guilty of an infraction offense and punished by a fine not exceeding Two Hundred Dollars ($200.00) for the second violation of the same offense and perpetrated by the same person; 3. The third and any additional violations of the same provision within twelve (12) consecutive months shall be punishable by a fine not exceeding One Thousand Dollars ($1,000.00) or six (6) months in jail, or both. C. Notwithstanding the foregoing, a first offense may be charged and prosecuted as a misdemeanor. Section 8.46.060 Enforcement The Director of Public Works and the City Manager shall administer, implement and enforce the provisions of this Ordinance. Any powers granted to or duties imposed upon the Public Works Director and the City Manager may be delegated to persons acting in the beneficial interest of or in the employ of the City. Section 8.46.070 Severability If any provision of this ordinance or the applicability thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid portion or application, and to that end the provisions of this ordinance are severable. 3