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. All properties located in Baltimore City which:directly through pipes or conduits of any kind discharge; or indirectly through 1 or more pipes, conduits, gutters, streams, channels, or similar or other means or a series thereof discharge, either treated or untreated sewage or industrial waste or used water or wastewater, or any combination thereof, into the City’s sanitary facilities, or any part thereof shall be deemed to be served by the City’s sanitary facilities. The phrase “discharged into the City’s sanitary facilities” as used in this subtitle shall mean directly or indirectly discharged into the City’s sanitary sewer system in the manner or by the means hereinbefore set forth. The said charges shall not apply to properties which do not either directly or indirectly discharge sewage or industrial waste or used water or wastewater, or any combination thereof, into the City sanitary facilities or any part thereof. City Code, 1966, art. 28, §97 1976/83, art. 28, §57 Ord. 59-016 Ord. 68-074 Ord. 87-868 Ord. 16-523

All charges imposed under this subtitle shall be: 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. City Code, 1966, art. 28, §98 1976/83, art. 28, §58 Ord. 59-016 Ord. 68-074 Ord. 70-866 Ord. 75-924 Ord. 87-868 Ord. 16-523

On any property, and the owner thereof, which uses water, all or part of which water is from a source or sources other than the City’s water supply system, a charge is hereby imposed, separate and in addition to any other charge imposed under this subtitle, based on the consumption of water derived from, or based on water service made available by the City’s water supply system. Such separate or additional charge shall be based on the quantity of water derived or received from any source or sources, other than the City’s water supply system, which is discharged into the City’s sanitary facilities from the property involved. 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 andsuch water is derived or received partly from the City’s water supply system and partly from the source or sources other than the City’s water supply system, or such water is derived or received entirely from a source or sources other than the City’s water supply system, such separate or additional charge shall be the same in amount and shall be calculated on the same basis as though all of the water had been received or derived from the City’s water supply system. If the owner of any such property fails to install an approved meter or meters:the Director of Public Works shall:determine the amount of water from any source or sources other than the City’s water supply system which is discharged into the City’s sanitary facilities from the particular property; and furnish to the Director of Finance of the City the amount of such water determined as aforesaid; and the particular property involved, and the owner thereof, shall be liable for such separate and additional charge calculated and based upon the aforesaid amount of such water determined by the Director of Public Works as aforesaid. 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. City Code, 1966, art. 28, §99 1976/83, art. 28, §59 Ord. 59-016 Ord. 76-141 Ord. 87-868

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. In any case where it is determined by the Director of Public Works that it is not practical to install a measuring device in connection with an industrial or commercial operation to determine continuously the quantity of water not discharged into the City’s sanitary facilities, the Director of Public Works:shall determine periodically in such reasonable manner and by such reasonable method as he may adopt, the quantity of water which is not discharged into the City’s sanitary facilities; and in connection therewith, shall take into consideration:the total amount of water from all sources used on the property; the nature, kind, and type of industrial or commercial business being operated on said property; and the operational processes used in connection therewith. The quantity of water which is not discharged into the City’s sanitary facilities as determined by the Director of Public Works as aforesaid shall be excluded in determining the charge imposed hereunder. City Code, 1966, art. 28, §100 1976/83, art. 28, §60(a), (b)(intro), (c) Ord. 59-016 Ord. 76-141 Ord. 87-868 Ord. 11-518

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:name, address, and Standard Industrial Classification (SIC) number of applicant; volume of wastewater to be discharged; wastewater constituents and characteristics designated by the Director; time and duration of discharge; average and peak wastewater flow rates, including daily, monthly, and seasonal variations, if any; description of activities, facilities, and plant processes on the premises, including all materials, processes, and types of materials which are or could be discharged; and any other information as may be deemed by the Director to be necessary to evaluate the permit application. Storm drain discharge permits shall be subject to all regulations and fees established by the City. The conditions of storm drain discharge permits shall be uniformly enforced by the Director of Public Works in accordance with local, state and federal regulations. In the event of conflict between local, state or federal regulations, the most stringent regulation shall be enforced by the Director. Permits may contain the following:the average and maximum wastewater constituents and characteristics; limits on rate and time of discharge or requirements for flow regulation and equalization; requirements for installation of inspection and flow monitoring facilities; pretreatment requirements; requirements for submission of technical reports or discharge reports; requirements for maintaining plant records relating to wastewater discharge; mean and maximum mass discharge rates, or other appropriate limits when incompatible pollutants are proposed or present in the discharge; and specifications for monitoring programs, which may include:sampling locations; frequency and method of sampling; number and types of tests; and reporting schedules. The terms and conditions of the permit may be subject to modification and changed by the City during the life of the permit as limitations or requirements are modified and changed. The owner shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. 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. Permits shall be issued for a specific time period, not to exceed 5 years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. If the owner is not notified by the Director 30 days prior to the expiration of the permit, the permit shall be extended 1 additional year. 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. City Code, 1976/83, art. 28, §60(b)(1) - (8) Ord. 87-868

In all cases where: 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. City Code, 1966, art. 28, §101 1976/83, art. 28, §61 Ord. 59-016 Ord. 87-868

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. Upon reasonable notice in accordance with its rules and the provisions of <cite data-doc="City of Baltimore, Md., Charter">the Baltimore City Charter</cite>, the Board shall determine whether or not the determination, decision, order or notice which is the subject of review is proper or correct. The Board, by a majority vote thereof, shall have the power and authority to reverse or affirm, wholly or partly, or may modify the determination, decision, order, or notice appealed from, and may give or make such determination, decision, order, requirement or notice as ought to be made, provided, however, that nothing contained herein shall be taken or construed as authorizing the Board to waive, set aside, or in any manner change any specific provision or provisions of this subtitle. City Code, 1966, art. 28, §102 1976/83, art. 28, §62 Ord. 59-016 Ord. 87-868

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. City Code, 1966, art. 28, §103 1976/83, art. 28, §63 Ord. 59-016 Ord. 76-141 Ord. 87-868

All charges imposed under this subtitle shall be due and payable at the same time that charges made by the City for supplying water or water service are due and payable. These charges:shall be billed by the same agency of the City that renders bills for water service; may be included in the same bills rendered for water charges or stated in separate bills; and shall be collected by the Director of Finance, at the same time or times and in the same manner and subject to the same interest rates and penalties provided for nonpayment of charges for supplying water. This section applies to all properties and the owners of properties that are subject to the payment of the charges imposed under this subtitle, without regard to the source of water used on those properties. All bills in arrears for charges imposed under this subtitle may be deemed a sufficient reason for discontinuing water furnished by the City until all such charges and interest and penalties have been paid in full. Whenever water is shut off for nonpayment of the charges imposed hereunder, the sum specified in <cite data-path="|24|§2-3">Article 24, § 2-3</cite> of the City Code shall be paid to the Director of Finance before the water supply is turned on again. City Code, 1966, art. 28, §104 1976/83, art. 28, §64 Ord. 59-016 Ord. 76-141 Ord. 87-868 Ord. 08-042

The charges imposed under this subtitle and all increases, interest, and penalties thereon shall be a lien upon the property of any person liable to pay the same to the City. Such lien shall be recorded in the Tax Lien Records maintained by the Department of Finance. City Code, 1966, art. 28, §105 1976/83, art. 28, §65 Ord. 59-016 Ord. 76-141 Ord. 87-868 Ord. 16-523

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:carry out and enforce the provisions of this subtitle; fully collect the charges imposed under this subtitle; and define or construe any of the terms and provisions used in this subtitle in connection with the imposition or collection of said charges. 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. City Code, 1966, art. 28, §106 1976/83, art. 28, §66 Ord. 59-016 Ord. 76-141 Ord. 87-868 Text Conformed 02/23/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed this section to refer expressly to and reflect the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

Every person or other legal entity who shall: 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. City Code, 1966, art. 28, §107 1976/83, art. 28, §67 Ord. 59-016 Ord. 76-141 Ord. 87-868