Subtitle 22 – Administrative Remedies
Current through 2026-07-17. Source: City of Balt., Md., Ord. 26-129. Published by the Baltimore City Department of Legislative Reference.
Balt., Md., Code art. 25, § 22-1 (2026)
§ 22-1 Violation notice.LinkCopy Citation
(a)Service by Director.
Any person found to be violating any provisions of Subtitles 2 through 11 or of §§ <cite data-path="|25|§1-4">1-4</cite>, <cite data-path="|25|§21-1">21-1</cite>, or <cite data-path="|25|§21-5|(d)">21-5(d)</cite> of <cite data-path="|25">this article</cite> shall be served by the Director of Public Works with a written notice of violation stating:
(1)
the provision that has been violated; and
(2)
the facts that constitute the violation.
(b)Response to notice.
(1)
Within a period specified in the notice:
(i)
an explanation of the violation; and
(ii)
a plan for satisfactory correction and prevention thereof,
shall be submitted to the Director.
(2)
Submission of this information shall not relieve the user of liability for any violations occurring before or after this notice of violation.
History: Ord. 75-914
History: Ord. 84-129
History: Ord. 91-775
Balt., Md., Code art. 25, § 22-2 (2026)
§ 22-2 Show cause order.LinkCopy Citation
(a)In general.
Any person who causes or contributes to a violation of Subtitles 2 through 11 or of §§ <cite data-path="|25|§1-4">1-4</cite>, <cite data-path="|25|§21-1">21-1</cite>, or <cite data-path="|25|§21-5|(d)">21-5(d)</cite> of <cite data-path="|25">this article</cite> or order issued hereunder, may be ordered by the Director to show cause why a proposed enforcement action should not be taken.
(b)Service of notice.
A written notice shall be served on the user specifying:
(1)
the time and place of a hearing;
(2)
the reason why the action is to be taken; and
(3)
the proposed enforcement action.
(c)Permitted enforcement actions.
The Director may propose any enforcement action reasonably necessary to abate the violation.
(d)Decision and action on hearing.
(1)
Based upon the evidence presented at the hearing, the Director shall determine the appropriate enforcement actions, if any, which should be taken.
(2)
Immediate enforcement action may be pursued whether or not a duly notified user appears.
History: Ord. 84-129
History: Ord. 91-775
Balt., Md., Code art. 25, § 22-3 (2026)
§ 22-3 Cease and desist order.LinkCopy Citation
Any person who violates or continues to violate Subtitles 2 through 11 or of §§ <cite data-path="|25|§1-4">1-4</cite>, <cite data-path="|25|§21-1">21-1</cite>, or <cite data-path="|25|§21-5|(d)">21-5(d)</cite> of <cite data-path="|25">this article</cite> may be ordered by the Director to cease and desist all such actions by taking such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge.
History: Ord. 91-775
Balt., Md., Code art. 25, § 22-4 (2026)
§ 22-4 Consent order.LinkCopy Citation
(a)In general.
Any person who has violated or continues to violate any provision of Subtitles 2 through 11 or of §§ <cite data-path="|25|§1-4">1-4</cite>, <cite data-path="|25|§21-1">21-1</cite>, or <cite data-path="|25|§21-5|(d)">21-5(d)</cite> of <cite data-path="|25">this article</cite> may be served by the Director of Public Works with a consent order, compliance order, or similar document, establishing an agreement with the user responsible for the noncompliance.
(b)Contents.
(1)
Such order shall include specific actions to be taken by the user to correct the noncompliance within a specified time period.
(2)
Orders may contain requirements as might be necessary and appropriate to address the noncompliance, such as the installation of pretreatment technology, additional self-monitoring, and management practices.
History: Ord. 91-775
Balt., Md., Code art. 25, § 22-5 (2026)
§ 22-5 Right to legal action.LinkCopy Citation
As an alternative to the actions set forth in <cite data-path="|25|§22-4">§ 22-4 of this subtitle</cite>, the Director of Public Works may refer the complaint or charges for violations to the City Solicitor or State’s Attorney for Baltimore City.
History: Ord. 84-129
History: Ord. 91-775
Balt., Md., Code art. 25, § 22-6 (2026)
§ 22-6 Administrative penalties.LinkCopy Citation
(a)In general.
Notwithstanding any other provision of <cite data-path="|25">this article</cite>, any person found to be violating Subtitles 2 through 11 or of §§ 1-4, 21-1, or 21-5(d) shall be subject to administrative penalties of not less than $250 nor more than that allowed under state law.
(b)Each day a separate offense.
Each day on which noncompliance shall occur or continue shall be considered a separate and distinct violation.
History: Ord. 91-775
Balt., Md., Code art. 25, § 22-7 (2026)
§ 22-7 Suspension or termination of service.LinkCopy Citation
(a)Director may order.
The Director of Public Works may suspend, interrupt, or terminate wastewater service to any premises or take such other action as he deems necessary if a violation of <cite data-path="|25">this article</cite> or a discharge of wastewater causes or threatens to cause a condition which could present an imminent or substantial danger to life, safety, the POTW, or the environment.
(b)Report to Director.
(1)
The user which is responsible, in whole or in part, for imminent endangerment shall submit to the Director a detailed written statement describing:
(i)
the causes of the harmful contribution; and
(ii)
the measures taken to prevent any future occurrence.
(2)
This report must be submitted within the time period specified by the Director.
(c)Resumed discharge.
The Director shall allow the user to resume discharge when the endangerment has passed, unless permanent termination is initiated as described in subsection (d) below.
(d)Closing connection.
(1)
The Director shall have the power and right, after giving notice, to:
(i)
close any sewer or sewer connection so tapped or connected with; or
(ii)
remove the cast-iron pipe or to cut off and close the terra cotta pipe from any sanitary sewer connection.
(2)
The cost and expense of such work shall be charged to the person failing or refusing to comply with the provisions of the article.
History: Ord. 14-462
History: Ord. 17-228
History: Ord. 76-146
History: Ord. 84-129
History: Ord. 91-775
Balt., Md., Code art. 25, § 22-8 (2026)
§ 22-8 Permit revocation.LinkCopy Citation
Any user who violates any provision of <cite data-path="|25">this article</cite> is subject to permit revocation by the Director as described in <cite data-path="|25|§3-11">§ 3-11 of this article</cite>.
History: Ord. 75-914
History: Ord. 91-775