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
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City Clerk
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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
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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
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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;
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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.
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