For the purposes of this chapter, the following terms shall have the following meanings:
"Brine"
means a heavily concentrated solution containing sodium, potassium, or chloride.
"Civic Center Water Treatment Facility"
means a public utility facility to be constructed in the Malibu Civic Center area in response to the prohibition on discharges from on-site waste water treatment systems in order to provide centralized municipal wastewater treatment facilities to affected properties.
"Person"
means any individual, partnership, co-partnership, firm, company, corporation, association, nonprofit, subcontractor, employee, trust estate, governmental entity or any other legal entity, or its legal representatives, agents, or assigns.
"Sanitary sewer system"
means an underground conveyance system specifically for transporting sewage from houses and commercial buildings through pipes to treatment facilities for disposal.
"Self-regenerating water softener"
means water softening equipment or conditioning appliance that discharges, or is designed to discharge, brine into a sanitary sewer system (including, but not limited to, the Civic Center Water Treatment Facility), an on-site wastewater treatment system, a stormwater conveyance system, or onto the ground. Self-regenerating water softener does not include non-brine discharging, salt free, water softening appliances such as those utilizing exchange tanks, electronic, membrane, magnetic, or carbon systems.
"Stormwater conveyance system"
means a system of gutters, pipes, streams, or ditches used to carry surface and storm water from surrounding lands to streams, lakes, or the ocean.
(Ord. 451 § 2, 2019)
A. 
No person shall install, or in any manner assist in the installation of, maintain, or use a self-regenerating water softener in the area served by or from properties connected to the Civic Center Wastewater Treatment Facility.
B. 
Every person who has a self-regenerating water softener that is installed upon his or her property or premises in violation of subsection A of this section, and every person occupying or leasing the property of premises of another who has a self-regenerating water softener installed thereon in violation of subsection A of this section, shall remove the self-regenerating water softener within one year of the effective date of this ordinance codified in this chapter.
(Ord. 451 § 2, 2019)
A. 
The city manager may waive the provisions of Sections 9.40.020(A) or (B) if the applicant demonstrates special circumstances that require the installation of self-regenerating water softener. The person seeking the waiver must demonstrate with clear and convincing evidence that no reasonably feasible alternative exists.
B. 
A person seeking a waiver under this section must submit a written application on a form approved by the city manager. The city manager may require the applicant to submit additional information or documentation to make a determination regarding the waiver requested. The city manager shall review requests for waivers on a case-by-case basis, and may grant the waiver in whole or in part, with or without conditions, for a period of up to 12 months. An applicant for renewal of a waiver must apply for a new waiver period no later than 60 days prior to the expiration of the then-current period to preserve a continuous waiver status. The city manager shall review each application anew and base the determination on the most current information available.
C. 
Any determination made by the city manager pursuant to this section may be appealed to the city council. Any appeal must be in writing, filed with the city within five calendar days of the at-issue city manager decision, and specifically set forth the grounds for the appeal. The city council's decision shall be final.
(Ord. 451 § 2, 2019)
In addition to any criminal, civil or other legal remedy established by law that may be pursued to address violations of the municipal code, violations of the provisions of this chapter are subject to the administrative penalty provisions of Chapter 1.10.
(Ord. 451 § 2, 2019)