A. 
Purpose and Policy. The purpose of this chapter is to set forth uniform requirements regarding water softening appliances in order to improve the quality of recycled water being discharged from the city of Lathrop's publicly owned treatment works and thereby enable the city to comply with its waste discharge requirements Order No. R5-2006-0094 permit conditions.
B. 
Authority. This chapter exercises authority conferred by law including, but not limited to, Chapter 5, Part 12, Division 104 of the California Health and Safety Code.
C. 
Abbreviations.
POTW
Publicly Owned Treatment
Works USC
United States Code
WDRs
Waste Discharge Requirements Order No. R5-2006-0094
D. 
Definitions. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated.
"City"
means the city of Lathrop, California; the city council of Lathrop; or other duly authorized official of the city of Lathrop. The city official responsible for implementation of this chapter.
"Person"
means any individual, partnership, corporation, association or other organization, however formed.
"Publicly owned treatment works (POTW)"
means a treatment works, as defined by Section 212 of the Act (33 USC Section 1292) which is owned by the city. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant.
Nonresidential self-regenerating water softening appliance"
means a water softening device located within or adjacent to a nonresidential structure 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, whereby the capability of the appliance to remove hardness from water is renewed by the on-site application of a 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.
"Nonresidential structure"
means any structure which is not included in the definition of a residence as defined in this section.
"Regional Board"
means the California Regional Water Quality Control Board, Central Valley Region, created and exercising its powers pursuant to the Porter-Cologne Water Quality Control Act, California Water Code Sections 13000 et seq.
"Residence"
means a structure which is or is intended to be, in whole or in part, a place of dwell-ing, 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 water recycling plant service area, whereby the capability of the appliance to remove hardness from water is renewed by the on-site application of a chloride containing 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.
"Sewage"
means human excrement and gray water (household showers, dishwashing operations, etc.).
"Shall"
is mandatory and "may" is permissive.
"Wastewater"
means liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.
"Water recycling plant service area"
means the area in the city within which residential wastewater is discharged to the city's water recycling plant. This area currently includes the portion of the city located west of Interstate 5, plus the portion of the city known as Lathrop Acres.
(Ord. 08-278 § 1)
The city council finds as follows:
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 city is currently unable to comply with the total dissolved solids standard cited in the waste discharge requirements Order No. R5-2006-0094 (WDRs) issued by the Regional Board pursuant to Division 7 of the California Water Code.
C. 
Limiting the availability, or prohibiting the installation, of self-regenerating water softening appliance is a necessary means of reducing saline discharge and thereby achieving compliance with the WDRs issued by the Regional Board.
D. 
Alternatives to the prohibition of self-regenerating water softeners, including (1) modifying the potable water source, (2) city softening of potable water, and (3) treatment of wastewater effluent by reverse osmosis, are economically and/or logistically infeasible at this time.
E. 
The city has adopted and is enforcing regulatory requirements that limit the volumes and the concentrations of saline discharge from nonresidential sources in the community waste disposal system to the extent technologically and economically feasible.
The findings of subsections (B), (C), (D), and (E) of this section have been substantiated by an independent study of discharges from all sources of salinity in the water recycling plant service area, including, but not limited to, residential water softening or conditioning appliances, residential consumptive use, industrial and commercial discharges, and groundwater infiltration and inflow into the sewer collection system.
This study has been prepared in accordance with the requirements of Section 116786 of the California Health and Safety Code(c) . A copy of said study is on file at City Hall, 390 Towne Centre Drive, Lathrop, California 95330.
(Ord. 08-278 § 1)
No person shall install or in any manner assist with the installation of a residential self-regenerating water softening appliance or nonresidential self-regenerating water softening appliance within the water recycling plant service area or any community sewer system that is tributary to the water recycling plant service area.
(Ord. 08-278 § 1)
A violation of this chapter is a misdemeanor punishable by a fine not to exceed $1,000, imprisonment not to exceed 30 days, or both.
(Ord. 08-278 § 1)
The city manager of the city shall administer, implement and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the city manager may be delegated to persons acting in the beneficial interest of or in the employ of the city.
(Ord. 08-278 § 1)