An Act To Amend the Laws Regarding Storage of Sand and Salt and To Provide Funding for State and Municipal Storage Facilities LR 1886(02)
Maine Legislature, Session 121, LD 1414
Committee Amendment CA_A_H428 (House)
Amends: 38 MRSA §413, 38 MRSA §451-A

COMMITTEE AMENDMENT "A" to H.P. 1036, L.D. 1414, Bill, "An 
Act To Amend the Laws Regarding Storage of Sand and Salt and To 
Provide Funding for State and Municipal Storage Facilities" 
Amend 
the bill by striking out all of 
section 
and 
inserting in its place the following: 
'Sec. 1. 38 MRSA §413, sub-§2-D, as amended by PL 1999, c. 
387, §4, is further amended to read: 
2-D. 
Exemptions; road salt or sand-salt storage piles. 
The 
commissioner may exempt any road salt or sand-salt storage area 
from 
the 
need 
to obtain 
a 
license 
under 
this 
section for 
discharges to groundwaters of the State when the commissioner 
finds that the 
exempt activity will not 
have 
a 
significant 
adverse 
effect 
on 
the 
quality 
or 
classifications 
of 
the 
groundwaters 
of 
the 
State. 
In 
making 
this 
finding, 
the 
commissioner's review must include, but is not limited to, the 
location, structure and operation of the storage area. 
Owners of salt storage areas shall register the location of 
storage areas with the department on or before January 1, 1986. 
As 
required by section 411, 
the department shall prioritize 
municipal or quasi-municipal sand-salt storage areas prior to 
November 1, 1986. 
New or existing salt or sand-salt storage areas registered after 
October 1, 1999 may be exempt from licensing under this section 
as long as such areas comply with siting, operational and best 
Page l-LR1886(2) 
COMMITTEE AMENDMENT 
\ .... 
COMMITTEE AMENDMENT "if:. to H.P. 1036, L.D. 1414 
management practices adopted by rule by the department. 
Storage 
areas other than those owned by municipalities or counties and 
registered prior to October 1, 1999 are exempt from licensing 
under this section as long as such areas comply with section 
451-A, subsection I-A and with operational and best management 
practices adopted by rule by the department. 
Rules 
adopted 
pursuant to this section are routine technical rules as defined 
in Title 5, chapter 375, subchapter II-A 2-A. 
Storage areas 
owned by the Department of Transportation and 
registered prior to October 1, 1999 are not in violation of best 
management practice rules adopted by the department pursuant to 
this subsection if the Department of Transportation complies with 
the reporting requirements in section 451-A. 
Sec. 2. 38 MRSA §451-A, sub-§l-B is enacted to read: 
1-B. 
Department of Transportation storage areas. 
A sand 
and salt storage area owned by the Department of Transportation 
and registered prior to October 1, 1999 is not in violation of a 
groundwater classification or 
reclassification adopted 
on 
or 
after January 1. 1980 with respect to discharges of groundwater 
from that area if: 
A. 
The Department of Transportation biennially submits to 
the Legislature a budget request sufficient to comply with 
this subsection and section 413: 
B. 
Prior 
to 
the 
use 
of 
funds 
appropriated 
by 
the 
Legislature to carry out the purposes of this subsection, 
the Department of Transportation presents to the department 
for comment and response a plan for the use of those funds 
by 
outlining 
a 
sand 
and 
salt 
storage 
area 
specific 
expenditure 
plan 
to 
prevent 
pollution, 
avoid 
future 
abatement or 
clean-up costs 
and 
comply with applicable 
federal guidelines: and 
C. 
The Department of Transportation reports annually to the 
department 
on 
the 
status 
of 
available 
funds 
and 
the 
department 
determines 
that pursuant 
to this 
report 
the 
Department of Transportation is making timely use of the 
funds 
consistent 
with 
the 
plan 
and 
comments 
provided 
pursuant to paragraph B. I 
Further amend the bill by relettering 
nonconsecutive 
Part 
letter 
or 
section 
consecutively. 
or renumbering any 
number 
to 
read 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "If· to H.P. 1036, L.D. 1414 
SUMMARY 
This amendment requires the Department of Transportation to 
report annually to the Department of Environmental Protection 
regarding expenditures 
for 
sand and salt storage areas. 
The 
amendment 
also exempts 
the Department of Transportation from 
violation of best management practice rules governing sand and 
salt 
storage 
adopted 
by 
the 
Department 
of 
Environmental 
Protection if the Department of Transportation complies with the 
reporting requirements in the Maine Revised Statutes, Title 38, 
section 451-A. 
~ISCAL ~on: I{EQ1IRED 
(See attached) 
COMMITTEE AMENDMENT 
Net Cost (Savings) 
Highway Fund 
Appropriations/Allocations 
Highway Fund 
Fiscal Detail and Notes 
Approved: 05/15/03 ;:Jk?ac:.. 
Office of Fiscal and Program Review 
LD 1414 
An Act To Amend the Laws Regarding Storage of Sand and Salt and To 
Provide Funding for State and Municipal Storage Facilities 
LR 1886(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Transportation 
Fiscal Note Required: Yes 
Fiscal Note 
2003-04 
$1,600,000 
$1,600,000 
2004-05 
$1,400,000 
$1,400,000 
Projections 
2005-06 
$0 
$0 
Projections 
2006-07 
$0 
$0 
This bill includes Highway Fund allocations to the Department of Transportation for the construction of sand and salt 
storage facilities and to reimburse municipalities for sand and saIt facility construction costs; the total amounts are 
$1,600,000 and $1,400,000 in fiscal years 2003-04 and 2004-05, respectively. 
The revision of certain enforcement deadlines pertaining to salt and sand storage facilities may avoid an estimated 
$4,450,000 in compliance costs to the Highway Fund. 
LRI886(2) - Fiscal Note - Page 1 of 1