Subtitle 13 – Sewer Service Charges

Charges are imposed for the use of and the services rendered by the plants, properties, works, systems, or facilities, or any part thereof, which are owned or controlled by the Mayor and City Council of Baltimore and which are used or useful in connection with the collection, treatment, or disposal of wastewaters, which includes any combination of sanitary and industrial wastewaters, and such ground water and surface water as may be present, upon the properties located in Baltimore City served thereby, and the owners of such properties, at the rate or rates hereinafter set forth.

based, except as otherwise provided in this subtitle, upon the water service available for, or the consumption of water on, the particular property served by the City’s sanitary facilities, as measured by the charges made for water supplied or made available by the City in and for the then current period;

in an amount calculated by utilizing the volume of water consumed or water service provided to a particular property in or for the then current period, multiplied by the periodically set rate for the then current period as set by the Board of Estimates in accordance with <cite data-path="|24">Article 24</cite>, Subtitle 3 of the City Code; and

assessed, due, and payable on a monthly basis.

The owner of each such property shall install, without cost to the City, a meter or meters to measure the quantity of water received from any source or sources other than the City’s water supply system and which is discharged into the City’s sanitary system. No meter shall be installed or used for such purposes without the prior approval of the Director of Public Works.

In all cases where the water is discharged into the City’s sanitary facilities and

If the owner of any such property fails to install an approved meter or meters:

The owner of every property which uses water on said property, all or part of which is received or derived from a source or sources other than the City’s water supply system and all or part of which water is discharged into the City’s sanitary facilities, shall, within 20 days after this subtitle becomes effective or within 20 days after such condition commences, inform the Director of Public Works in writing of such condition, if the Director of Public Works has not been so notified under the provisions of any prior ordinance.

Whenever any property upon which the charge imposed hereunder uses water from the City’s water supply system or any other source or sources in such a manner that the water so used is not discharged into the sanitary facilities of the City, the quantity of water so used and not discharged into the City’s sanitary facilities shall be excluded in determining the charge imposed hereunder as to said property if the quantity of water so used and not discharged into the City’s sanitary facilities is measured by a device or devices approved by the Director of Public Works and installed without cost to the City.

Whenever any property upon which the charge imposed hereunder uses water from the City’s water supply system or from any other source or sources for an industrial or commercial purpose in such a manner that the water so used is discharged into the storm drain facilities of the City, the quantity of water so used and discharged into the City’s stone drain system shall be excluded in determining the charge imposed hereunder as to said property if the quantity of water so used and discharged into the City’s storm drain system is measured by a device or devices approved by the Director of Public Works and installed without cost to the City and the owner of said property first obtains a storm drain discharge permit and complies with all federal, state and local rules and regulations covering the discharge of wastewaters to surface waters.

The owner of any particular property served by the City’s storm drain system desiring to obtain a sewer use charge exemption for wastewaters discharged to the storm drain and the owner of any particular property served by the City’s storm drain system designated by the Director of Public Works as requiring a permit because of the quantity and/or quality of discharge, must obtain a storm drain discharge permit from the Director of Public Works or his designated representative.

Property owners seeking a storm drain discharge permit shall complete and file with the Director of Public Works an application in the form prescribed by the Director, and accompanied by the applicable fees.

The applicant shall be required to submit, in units and terms appropriate for evaluation, the following information if applicable:

No person shall discharge wastewaters in violation of the limitations set by the storm drain discharge permit. Any person desiring to discharge wastewater or use facilities which are not in conformance with the storm drain discharge permit shall apply to the Director of Public Works for an amended permit.

Storm drain discharge permits are issued to a specific owner for a specific operation. A storm drain discharge permit shall not be reassigned, transferred, or sold to a new owner, new user, or a new or changed operation without the prior written approval of the Director. A permit shall not be transferred to any other location.

An owner’s storm drain discharge permit may be suspended for any violation of applicable local, state, and federal regulations or for failure to act in strict accordance with the conditions of the user’s storm drain discharge permit, including failure to report or inaccurately reporting wastewater constituents and characteristics or changes therein. The Director shall provide whatever prior notice of the suspension which is, in his opinion, reasonably permitted by the circumstances.

Storm drain discharge permit fees shall be established by the Director of Public Works. The fees shall be based on the City’s cost of operating the storm drain discharge program. Costs may include, but not be limited to, issuance of permits, inspection of facilities, sampling, testing, and the cost of building and maintaining the storm drain system. The fees shall reflect quantity and quality of flow.

the amount of water from any particular property which is being discharged into the City’s sanitary facilities cannot be reasonably determined under any of the provisions of this subtitle; or

unusual or extraordinary circumstances or conditions exist in connection with the discharge of water into the City’s sanitary facilities and which are not covered by the provisions of this subtitle, the Director of Public Works shall have the power and authority to determine the amount of water being discharged into the City’s sanitary facilities under the facts and circumstances in each case and the charges imposed under this subtitle shall be calculated and based upon the amount of water being discharged into the City’s sanitary facilities as determined by the Director of Public Works as aforesaid.

In the event that any particular property owner who is legally liable for the payment of the charges imposed under this subtitle disagrees with or is aggrieved by any determination, decision, order, or notice of any kind, which is made, rendered, issued, or given under the provisions of this subtitle, such property owner, within 20 days after notice of any such determination, decision, order, or notice has been given to or mailed to such property owner shall have the right to take such action as may be necessary or proper to bring the matter in dispute before the Board of Municipal and Zoning Appeals for review by it.

All meters or other measuring devices installed or required to be used under the provisions of this subtitle shall be subject to inspection by, and under the control of, the Director of Public Works.

The owner of the property upon which any such meter or measuring device is installed shall be responsible for its proper repair, maintenance, and safe keeping. All repairs thereto shall be made at the cost and expense of such owner, whether such repairs are made necessary by ordinary wear and tear or any other cause or causes.

In order to properly carry out and enforce the provisions of this subtitle and to collect the charges levied and imposed under this subtitle, the Director of Finance is hereby authorized and empowered, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, to make, adopt, promulgate, and amend, from time to time, such rules and regulations as deemed necessary or proper to:

In order to properly carry out and enforce the provisions of this subtitle, the Director of Public Works is hereby authorized and empowered, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, to make, adopt, promulgate, and amend, from time to time, such rules and regulations deemed necessary or proper to carry out and enforce the provisions of this subtitle.

participate or aid in any manner in the evasion of the charges imposed under this subtitle; or

violate any of the provisions of this subtitle or any of the rules or regulations made, adopted, or promulgated under the provisions of this subtitle, shall be guilty of a misdemeanor and, upon conviction thereof by any court of competent jurisdiction, shall be subject to a fine of not more than $500 or imprisonment not exceeding 6 months, or both, in the discretion of the court, for each such offense.