Ammonium Nitrates

Baltimore City Code art. 10, subtit. 8

in effect

Baltimore City Code, Article 10, § 8-1 Scope of subtitle.

§ 8-1. Scope of subtitle. Except as otherwise provided herein, the provisions of this subtitle shall apply to any and all shipments, whether in bulk or in packages or containers of any type or kind, and, among others, to all shipments that may be on board any ship or vessel prior to its arrival in the Patapsco River or any of its tributaries. (Ord. 58-1651.)

Baltimore City Code, Article 10, § 8-2 Handling must comply with all laws.

§ 8-2. Handling must comply with all laws. All ammonium nitrate, including ammonium nitrate of fertilizer grade, mixed fertilizers containing ammonium nitrate, or other materials or products containing ammonium nitrate, on any ship or vessel of any nationality, registry, or license, or while being loaded on, discharged from, or transferred from any ship or vessel of any nationality, registry, or license, in any part of the Patapsco River or any of its tributaries shall be loaded, discharged, transferred, stored, stowed, and handled in strict compliance with any and all applicable federal, state, and municipal laws, rules, and regulations. (Ord. 58-1651.)

Baltimore City Code, Article 10, § 8-3 Permits required.

§ 8-3. Permits required. No shipments of ammonium nitrate or materials or products containing ammonium nitrate in excess of 13% or which are otherwise classified as dangerous under Interstate Commerce Commission regulations, except ammonium nitrate materials or products specifically exempted under § 8-6 of this subtitle, shall be brought into any anchorage or into or onto any dock, wharf, pier, or other similar waterfront structure (hereinafter called “waterfront facility”) in, on, or immediately adjacent to the Patapsco River or any of its tributaries by any means of water transportation, except in cases of continuous cross-harbor freight car shipments by car floats or freight car shipments by car floats from car float bridges to Anchorage No. 6 heretofore mentioned in this Article 10, unless and until after a permit to do so has first been obtained, upon proper written application, from the Harbor Engineer of the Mayor and City Council of Baltimore. (Ord. 58-1651.)

Baltimore City Code, Article 10, § 8-4 Application and issuance.

§ 8-4. Application and issuance. (a) By whom made. Application for any such permit may be made by the owner of the material, the owner or operator of any transportation facility having an interest in the movement of the material, the owner, agent, charterer, master, or person in charge of a ship or vessel on which the material has been loaded, or on which the material is to be loaded, or from which the material is to be discharged, as the case may be. (b) Form and contents. (1) The application for any such permit shall be in such form and contain such information as may be necessary or proper to enable the Harbor Engineer to determine whether or not the materials to be included in any particular proposed shipment are or are not dangerous. (2) Among other things, such application shall include the following: (i) an informative statement showing the approximate composition of the material or product and which shall indicate the approximate percentage of ammonium nitrate; (ii) the quantities involved; (iii) points of origin and destination; (iv) date when and location where transshipment is proposed to be made; (v) whether in bulk or in containers and, if in containers, the type thereof; (vi) if a ship or vessel is involved, the name of such ship or vessel and the name of its owner or operator; and (vii) all other pertinent information. (c) When to be filed. Every application for any such permit, shall be filed with the Harbor Engineer prior to the proposed date of shipment at a time that will be reasonably sufficient to enable the Harbor Engineer to fully and properly consider the contents of the application and determine whether or not a permit should be issued. (d) Issuance on compliance with applicable laws. Before issuing any such permit, the Harbor Engineer shall satisfy himself that no applicable federal, state, or municipal laws, rules, or regulations will be violated. (Ord. 58-1651.)

Baltimore City Code, Article 10, § 8-5 Restricted materials.

§ 8-5. Restricted materials. (a) In general. Inasmuch as there are no waterfront facilities located in or on the Patapsco River or any of its tributaries, which are so remotely situated from populous areas or high value high hazard industrial facilities, at which certain types or kinds of ammonium nitrate materials or products which are being or are to be moved by any means of water transportation can be loaded, discharged, transferred, stored, stowed, or otherwise handled without endangering lives and property by fire or explosion, the following ammonium nitrate materials or products shall not be loaded, discharged, transferred, stored, stowed, or otherwise handled on, in, or from any vessel or ship or waterfront facility of any kind or description in or on the Patapsco River or any of its tributaries, except as specifically provided for or permitted hereunder. (b) Ammonium nitrate, etc., organic coated, in combustible containers, etc. (1) Ammonium nitrate, including ammonium nitrate fertilizer, organic coated, packaged in paper bags or other combustible containers or in bulk. (2) Provided that such materials in amounts totaling not more than 200 tons at any one time may be loaded or discharged within the aforementioned Anchorage No. 6, and this total concentration shall not be exceeded at any one time through division of such materials between 2 or more ships or vessels, and such materials may be moved from dock side to said Anchorage No. 6 by means of freight cars on car floats or on lighters or scows. (c) Ammonium nitrate, etc., organic coated, in metal containers. (1) Ammonium nitrate, including ammonium nitrate fertilizer, organic coated, packaged in substantial metal barrels or drums in amounts exceeding 1,000 pounds. (2) Provided that amounts of such materials totaling not more than 200 tons at any one time may be loaded or discharged within the aforementioned Anchorage No. 6, and this total concentration shall not be exceeded at any one time through division of such materials between 2 or more ships or vessels, and such material may be moved from dock side to said Anchorage No. 6 by means of freight cars on car floats or on lighters or scows. (d) Ammonium nitrate (prills, etc.), not organic coated, in combustible containers, etc. (1) Ammonium nitrate (in the form of prills, crystals, grains, or flakes) dynamite grade, fertilizer grade, nitrous oxide grade, and technical grade, all without organic coating, packaged in paper bags or other combustible containers in amounts exceeding 1,000 pounds. (2) Provided that this material may be loaded or discharged within the aforementioned Anchorage No. 6, and such materials may be moved from dock side to said Anchorage No. 6 by means of freight cars on car floats or on lighters or scows. (e) Ammonium nitrate phosphate, etc., 60%, not organic coated, in combustible containers, etc. (1) Ammonium nitrate phosphate materials or products containing 60% or more ammonium nitrate, without organic coating, packaged in paper bags or other combustible containers in amounts exceeding 1,000 pounds. (2) Provided that this material may be loaded or discharged within the aforementioned Anchorage No. 6, and such materials may be moved from dock side to said Anchorage No. 6 by means of freight cars on car floats or on lighters or scows. (Ord. 58-1651.)

Baltimore City Code, Article 10, § 8-6 Permitted materials.

§ 8-6. Permitted materials. The following ammonium nitrate materials or products may be loaded, discharged, transferred, stored, stowed, or otherwise handled on, in, or from any vessel or ship or waterfront facility of any kind or description in or on the Patapsco River or any of its tributaries: (1) Ammonium nitrate carbonate mixtures, composed of approximately 60% by weight of ammonium nitrate and 40% by weight of fine carbonate (precipitated calcium carbonate, chalk, ground limestone, or ground dolomite) and having approximately 20.5% available nitrogen. (2) Mixed fertilizers, containing up to 60% by weight of ammonium nitrate, and often other nitrogen compounds with either or both phosphate and potash compounds, without organic filler. (3) Nitrogen solutions of the types generally used in the manufacture of mixed fertilizers referred to in item (2) immediately above. (4) Ammonium nitrate-calcium nitrate mixtures composed of approximately 50% of ammonium nitrate and 50% of calcium nitrate. (5) Ammonium nitrate sulfate mixtures composed of not more than 40% of ammonium nitrate and 60% of ammonium sulfate. (6) Ammonium nitrate phosphate fertilizers, containing less than 60% ammonium nitrate, without organic fillers, and not otherwise classified as dangerous under Interstate Commerce Commission regulations. (7) Ammonium nitrate (in the form of prills, crystals, grains, or flakes) dynamite grade, fertilizer grade, nitrous oxide grade, and technical grade, all without organic coating, packaged in substantial metal barrels or drums. (Ord. 58-1651.)

Baltimore City Code, Article 10, § 8-7 Permit required for all other materials.

§ 8-7. Permit required for all other materials. (a) In general. Any person or other legal entity desiring to import or export ammonium nitrate materials and formulations not conforming to any of the classes listed in this subtitle shall make application to, and secure a permit from the Harbor Engineer to do so. (b) Submission of samples. (1) If it is deemed necessary by the Harbor Engineer, a sample of not more than 1,000 pounds of the material in bags as prepared for shipment shall be furnished at least 60 days prior to the intended date of shipment. (2) This sample shall be analyzed by a competent laboratory designated by the Harbor Engineer to determine whether the characteristics of the material require its classification as a dangerous article for purposes of transportation. (3) All costs of such tests shall be borne by the person making application for such permit. (Ord. 58-1651.)

Baltimore City Code, Article 10, §§ 8-8 to 8-10 {Reserved}

Baltimore City Code, Article 10, § 8-11 Federal laws and regulations prevail.

§ 8-11. Federal laws and regulations prevail. Insofar as interstate or foreign commerce is involved or concerned, in the event that any provision of this subtitle hereinbefore set forth is inconsistent or in conflict with any applicable provision of any federal law, or any rule or regulation properly adopted and promulgated by any duly constituted agency of the federal government, then the provision of the federal law or rule or regulation shall be controlling. (Ord. 58-1651.)

Baltimore City Code, Article 10, § 8-12 Penalties.

§ 8-12. Penalties. Any person, firm, corporation, or other legal entity who violates any of the provisions of this subtitle shall be guilty of a misdemeanor and, upon conviction thereof in any court of competent jurisdiction, shall be fined not less than $50 nor more than $500, or sentenced to not more than 12 months in jail, or both, for each offense. (Ord. 58-1651.)

Source: City of Baltimore Department of Legislative Reference, City of Baltimore Law Library (codes.baltimorecity.gov; Open Law Library bulk XML)URL: https://codes.baltimorecity.gov/us/md/cities/baltimore/code/10/8Fetched: 10/25/2026