Mountain House Municipal Code Ch. 1 General Provisions

The purpose of this Chapter is to protect the health, safety and welfare for the City through the regulation of the discharge of salt products into the City; to impose regulations regarding to compliance with requirements of the California Water Code and the California Health and Safety Code § 116775 et seq. and to regulate the use of self-generating water softeners and salt based products. In accordance with Health and Safety Code § 116786, the City made, and the City Council makes to the extent necessary in continuing this Chapter, the following findings:

(a) Limiting the availability, or prohibiting the installation, of the water softeners as set forth in this Chapter is a necessary means of achieving and maintaining compliance with the water discharge requirements and discharge permit issued by a California regional water quality control board.

(b) There currently are no technologically and economically feasible alternatives to the Chapter.

(c) Use of the alternative technology will result in a reduction in the potential saline discharge.

(d) The City has adopted, and is enforcing, regulatory requirements that limit the volumes and concentrations of saline discharges from nonresidential sources to the community waste disposal system to the extent technologically and economically feasible.

(e) The City need for this Chapter is substantiated by an independent study of discharges entitled "Mountain House Wastewater Treatment Plant Salinity Reduction Plan Update" dated May 2014 that identifies the restriction of water softeners consistent with this Chapter.

(Ord. 2024-25, § 1(Exh. A), 2024)

The following words when used in any provision of this chapter shall be construed to have the following meaning:

"Authorized office" means the City Manager and Engineer or any person designated by the City Council.

"Brine" means a heavily concentrated salt solution.

"City" means the City of Mountain House.

"Person" means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or its legal representatives, agents or assigns.

"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.

"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 into a community sewer system that is tributary to the sewer system owned and operated by the City, or which discharges anywhere within the boundaries of the City, including, but not limited to, on the ground within the City, whereby the capability of the appliance to remove hardness from the water is renewed by the on-site application of a Brine solution followed by a subsequent rinsing of the active softening material.

"Salt" means any compound or mineral combination, including, but not limited to, sodium chloride (NaCl) or potassium chloride (KCl), that is used in Mountain House for regeneration of ion exchange water softeners or any other system, thereby resulting in water sent from any home or business to the City Wastewater Treatment Plant being elevated in salinity or resulting in said water discharged onto any land connected to the City Storm Drain system.

(Ord. 2024-25, § 1(Exh. A), 2024)

(a) No person shall install or in any manner assist in the installation of a residential or non-residential self-regenerating water softening appliance that discharges into the City sewer system owned and operated by the City or that discharges into the City sewer system that is tributary to the sewer system owned and operated by the City or a self-regenerating water softening appliance that discharges onto any land connected to the City Storm Drain system.

(b) New water softening devices installed for all users or structures shall be of a type and style as selected by the user at their expense, provided however that any such appliances or devises must comply with the terms and conditions of this Chapter. Use of salt discharging water softening devices is not prohibited by the City.

(Ord. 2024-25, § 1(Exh. A), 2024)

Any person installing a water softening device shall obtain a permit from the City prior to the installation of the device. The prospective permittee shall pay for any and all fees prior to obtaining a permit to install the water softening device.

(Ord. 2024-25, § 1(Exh. A), 2024)

The General Manager and the Community Development Director shall administer, implement and enforce the provisions of this Chapter. Any powers granted to or duties imposed upon the General Manager and Community Development Director may be delegated to persons acting in the beneficial interest of or in the employ of the City.

(Ord. 2024-25, § 1(Exh. A), 2024)

(a) The City Manager may issue a Notice of Violation to any person who fails to comply with any conditions of this Chapter. A Notice of Violation shall allow a period of thirty (30) days to correct the violation and/or to remove and dispose of the non-compliant, self-regenerating water softener. Any person violating this Chapter after issuance of a Notice of Violation and the subsequent thirty-day period shall pay an administrative fine to the City in an amount of one hundred dollars ($100.00).

(b) Any use or activity in violation of the terms of this Chapter is declared to be a nuisance per se, and may be abated by order of any court of competent jurisdiction. The City Council, in addition to other remedies, may institute any appropriate action or proceedings to prevent, abate, or restrain the violation. All costs, fees and expenses in connection with such action shall be assessed as damages against the violation.

(Ord. 2024-25, § 1(Exh. A), 2024)