Hollister Municipal Code Ch. 8.38 Water Softeners

The ordinance codified in this chapter is adopted pursuant to the city's police powers and Health and Safety Code Section 116786, for the purpose of improving water quality, including, without limitation, protecting beneficial uses of the groundwater in Hollister and San Juan Valley.

(Ord. 1103, § 2, 2014)

Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter.

Nonresidential structure means any structure, in whole or in part, whether fully constructed or not, that is not, or is not intended to be, a residence or a place of dwelling.

Self-regenerating water softening appliance (SRWS) means a water softening device that removes calcium and magnesium salts from water by using an ion-exchange resin utilizing either sodium chloride or potassium chloride during the ion-exchange process. The ion-exchange resin used in SRWSs is recharged by using either sodium chloride or potassium chloride brine solutions which is subsequently discharged into the city's sewer system. SRWSs may be automatically recharged by timer or sensor.

(Ord. 1103, § 2, 2014)

A. It is unlawful for any person to install or cause to be installed a SRWS in any structure, whether fully constructed or not, located within the city's jurisdiction. For purposes of this chapter, the prohibition against installing a SRWS or causing a SRWS to be installed includes the replacement of an existing SRWS.

B. Nonresidential structures. All existing SRWS in nonresidential structures shall be removed within 120 days of the effective date of the ordinance codified in this chapter.

C. Inspection by City. The city may conduct inspections, at its discretion, for the purpose of ascertaining compliance with this chapter and causing to be corrected any conditions which would constitute any violation of this chapter or of any other statute, code, rule or regulation affecting the storage of hazardous materials.

1. Right of Entry. Whenever necessary for the purpose of investigating or enforcing the provisions of this chapter, or whenever any enforcement officer has reasonable cause to believe that there exists in any structure or upon any premises, any condition which constitutes a violation of this chapter, the officers may enter such structure or premises at all reasonable times to inspect the same, or to perform any duty imposed upon any of the respective officers by law; provided, that if such structure or premises be occupied, the officer shall first present proper credentials and request entry; and further provided, that if such structure or premises is unoccupied, the officer shall first make a reasonable attempt to contact a responsible person from such firm or corporation and request entry, except in emergency circumstances. If such entry is refused, the officer seeking entry shall have recourse to every remedy provided by law to secure entry.

2. Inspections by City Discretionary. All inspections specified herein shall be at the discretion of the city and nothing in this chapter shall be construed as requiring the city to conduct any such inspection nor shall any actual inspection made imply a duty to conduct any other inspection. Furthermore, nothing in this chapter shall be construed to hold the city or any officer, employee or representative of the city responsible for any damage to persons or property by reason of making an inadequate or negligent inspection or by reason of any failure to make an inspection or inspection.

D. Penalty.

1. Civil Penalty. A violation of any provision of Chapter 8.38 is subject to a civil penalty as established by resolution of the city council.

2. Enforcement of Civil Penalty. The enforcement of the civil penalties under Chapter 8.38 shall be governed by the civil administrative procedures set forth in California Vehicle Code Section 40200, et seq.

3. Enforcement. City staff has authority if a SRWS is found to be in violation of this chapter to order immediate removal, or disconnection. If disconnection is not done as ordered, the city has authority to discontinue water service to property until disconnection of SRWS is accomplished.

4. Administrative Fee. The city may assess an inspection fee as set forth in Chapter 15.04 of the Hollister Building Code for this type of construction. If water disconnection is necessary, a reconnection charge pursuant to Section 13.08.200 of this code will be charged.

5. Remedies under this section are in addition to and do not supersede or limit any and all other remedies, civil, or criminal. The city also is empowered to order SRWS determined to be in violation of this chapter to be disconnected pending resolution of civil or criminal remedies.

(Ord. 1103, § 2, 2014)

A. This chapter does not apply to water softeners recharged by portable cartridges supplied by service providers where the brine solution resulting from a SRWS recharge is not discharged into the city's sewer system.

B. The city manager or designee shall have the authority to allow SRWS which do not discharge saline concentrated wastewater into the city's sewer system.

C. Medical Exception. The city manager shall have the authority to allow medical exceptions and may permit an individual SRWS provided that all of the following conditions are met:

1. The current medical need for soft water is verified in writing by a physician.

2. The resident has a financial hardship which in the opinion of the city manager precludes using a canister softener service.

The city manager shall have the authority to rescind medical exceptions if the city is in violation of state sodium, chloride, or total dissolved solids discharge limits and in the opinion of the city manager it is essential that the medical exemption be terminated. Such termination shall become effective 60 days after written notice from the city to the subject resident. All decisions by the city manager regarding medical exceptions may be appealed to the city council for reconsideration. Such appeals must be submitted in writing to the city clerk within 14 days of the date of the city manager's written decision.

(Ord. 1103, § 2, 2014)