# Subtitle 7 – Upsets, Spills, and Accidental Discharges

Current through 2026-07-17. Source: City of Balt., Md., Ord. 26-129. Published by the Baltimore City Department of Legislative Reference.

## § 7-1 Protection against accidental discharges.

Balt., Md., Code art. 25, § 7-1 (2026)

(a) Each user shall provide protection from accidental discharge of prohibited materials or from other substances regulated by the article.

(b) Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the user’s cost and expense.

(c)

  (1) A notice shall be permanently posted on the user’s bulletin hoard or other prominent place advising employees whom to call in the event of all accidental discharges.

  (2) Users shall insure that all employees who may cause or discover such a discharge are advised of the emergency notification procedures.

*History: Ord. 84-129*

*History: Ord. 91-775*

## § 7-2 Immediate notice required.

Balt., Md., Code art. 25, § 7-2 (2026)

(a) In the case of an accidental discharge, upset, or spill with the potential for discharge, it is the responsibility of the user to notify the Director of Public Works of the incident within 15 minutes of the occurrence.

(b) The notification shall include:

  (1) location of discharge or potential discharge;

  (2) type of waste;

  (3) concentration and volume of material; and

  (4) corrective actions.

*History: Ord. 84-129*

*History: Ord. 91-775*

## § 7-3 Subsequent written report required.

Balt., Md., Code art. 25, § 7-3 (2026)

Within 5 days following the accident, the user shall submit to the Director a detailed written report describing:

(1) the cause of the incident;

(2) the volume of material discharged and/or contained;

(3) a chronology of events from the time the incident was discovered until disposal has occurred;

(4) material safety data sheets for the compound(s); and

(5) the measures to be taken by the user to prevent similar future occurrences.

*History: Ord. 84-129*

*History: Ord. 91-775*

## § 7-4 User’s liability.

Balt., Md., Code art. 25, § 7-4 (2026)

Such notification shall not relieve the user of any expense, loss, damages, or other liability which may be incurred as a result of damage to the wastewater system, fish kills, or any other damage to persons or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by <cite data-path="|25">this article</cite> or other applicable law.

*History: Ord. 84-129*

*History: Ord. 91-775*

## § 7-5 Upset as affirmative defense.

Balt., Md., Code art. 25, § 7-5 (2026)

(a) An upset can be used as an affirmative defense to an action brought for noncompliance with categorical pretreatment standards, provided the industrial user meets certain conditions.

(b) An industrial user who wishes to establish the affirmative defense of upset must demonstrate through properly signed contemporaneous operating logs or other relevant evidence that:

  (1) an upset occurred and the industrial user can identify the cause or causes;

  (2) the facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operational and maintenance procedures;

  (3) the industrial user submitted the following information to the City  within 24 hours of becoming aware of the upset:

    (i) a description of the indirect discharge and cause of noncompliance;

    (ii) the period of noncompliance, including exact dates and times, or if not corrected, the anticipated time the noncompliance is expected to continue; and

    (iii) steps being taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance;

  (4) if this information is provided orally, a written submission must follow within 5 days; and

  (5) the industrial user shall control production or all discharges to the extent necessary to maintain compliance with pretreatment standards upon loss, reduction, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided.

*History: Ord. 91-775*