An Act To Amend the Law Concerning the State Cost-share Program for Salt and Sand Storage Facilities
Maine Legislature, Session 126, LD 1817
Committee: Transportation
Amends: 23 MRSA §1851, 23 MRSA §1852, 38 MRSA §451-A

Legislative Document 
No. 1817 
H.P. 1304 
House of Representatives, March 12, 2014 
An Act To Amend the Law Concerning the State Cost-share 
Program for Salt and Sand Storage Facilities 
Reported by Representative THERIAULT of Madawaska for the Joint Standing Committee 
on Transportation pursuant to Public Law 2013, chapter 354, Part O, section 1. 
Reference to the Committee on Transportation suggested and ordered printed pursuant to 
Joint Rule 218. 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  23 MRSA §1851, as repealed and replaced by PL 1999, c. 387, §1 and 
affected by §7, is amended to read: 
§1851.  State cost-share program for salt and sand storage facilities 
The Department of Transportation may administer funds for the construction of 
municipal or county salt and sand storage facilities in order to reduce salt pollution of 
ground and surface waters.  In administering these funds, the department shall provide 
reimbursement to municipal and county governmental entities for approved projects in 
the following order, according to priorities established pursuant to Title 38, section 411: 
1.  Priority 1 projects.  Priority 1 projects, as long as the site was registered with the 
Department of Environmental Protection pursuant to Title 38, section 413 before October 
15, 1997, regardless of the date the priority rating was designated; 
2.  Priority 2 projects.  Priority 2 projects, as long as the site was registered with the 
Department of Environmental Protection pursuant to Title 38, section 413 before October 
15, 1997, regardless of the date the priority rating was designated; 
3.  Priority 3 projects.  Priority 3 projects that were designated before October 15, 
1997 and continue to be so designated on April 1, 2000 and Priority 3 projects designated 
on April 1, 2000 that were designated Priority 5 projects prior to October 15, 1997; and 
4.  Priority 4 projects.  Priority 4 projects that were constructed before November 1, 
1999 with plans and financial information submitted to the Department of Transportation 
by November 1, 1999.  Notwithstanding any other provision of this section, 20% of all 
funds authorized by the Legislature after January 1, 1999 for municipal reimbursement of 
sand and salt storage facility construction costs must be used to reimburse municipalities 
with Priority 4 projects eligible under this subsection until all such eligible projects have 
been fully reimbursed.  The department shall reimburse municipalities eligible under this 
subsection in the order in which those municipalities complete the submission of all 
required documentation; 
5.  Priority changes.  Priority 3 projects designated on April 1, 2000 that were 
designated Priority 4 projects as of October 15, 1997; 
6.  Priority 5 projects.  Priority 5 projects that were constructed before November 1, 
1999, with plans and financial information submitted to the Department of Transportation 
by November 1, 1999;. 
7.  Other projects.  All other projects eligible for reimbursement.  Priority 4 and 
Priority 5 sites designated on April 1, 2000 are not eligible for reimbursement. 
Allocation of funds must be based upon the sum of 25% of the expenses permitted 
plus 1.25 times the ratio of miles of state and state aid roads maintained for winter 
maintenance, as described in sections 1001 and 1003, to all miles maintained for winter 
maintenance by the municipality, quasi-municipal agency or county.  The Department of 
Transportation shall establish guidelines to reimburse eligible local government entities in 
a consistent and timely manner. 
The Department of Transportation shall review and approve municipal and county 
plans and specifications pursuant to established departmental guidelines for design, 
construction and size before a municipality or county constructs a facility.  Municipal 
actions inconsistent with such guidelines are reimbursed at the sole discretion of the 
department. 
Reimbursable expenses under this section do not include land acquisition or debt 
service. 
Sec. 2.  23 MRSA §1852, as amended by PL 1999, c. 387, §2, is repealed. 
Sec. 3.  38 MRSA §451-A, sub-§1-A, as amended by PL 1999, c. 387, §5, is 
further amended to read: 
1-A.  Time schedule for salt and sand-salt storage program.  An owner or 
operator of a salt or sand-salt storage area is not in violation of any groundwater 
classification or reclassification adopted on or after January 1, 1980 with respect to 
discharges to the groundwater from those facilities, if the owner or operator has 
completed all steps required to be completed by the schedules set forth in this subchapter.  
The commissioner shall administer this schedule according to the project priority list 
adopted by the board pursuant to section 411 and the provisions of this subsection.  A 
municipal or county site classified as Priority 4 or Priority 5 as of April 1, 2000, which 
was registered pursuant to section 413 prior to October 15, 1997, may is not be in 
violation of any groundwater classification or reclassification with respect to discharges 
to the groundwater from those facilities. 
A.  Preliminary notice for municipal and county Priority 3 projects must be 
completed and submitted to the Department of Transportation by the following dates: 
within 2 months of receipt of a certified letter from the Department of Transportation 
notifying the municipality or county of funds available for the construction of a 
facility. 
(1)  For Priority 1 and 2 projects, the latest of the following dates: 
(a)  One year from a designation under section 411; 
(b)  One year from notice of availability of a state grant, if eligible; or 
(c)  January 1996. 
(2)  For municipal, state and county Priority 3 projects, the later of the following 
dates: 
(a)  One year from notice of availability of a state grant, if eligible; or 
(b)  January 2003. 
(3)  For other Priority 3 projects, the later of the following dates: 
(a)  One year from a designation under section 411; or 
(b)  January 1997. 
D.  For municipal and county sites only Priority 3 projects, review of final plans with 
the Department of Transportation must be completed within 12 14 months of the 
dates established in paragraph A for each priority category receipt of a certified letter 
from the Department of Transportation notifying the municipality or county of funds 
available for the construction of a facility. 
E.  Construction of municipal and county Priority 3 projects must be completed and 
the facility must be in operation within 24 26 months of the dates established in 
paragraph A for each priority category receipt of a certified letter from the 
Department of Transportation notifying the municipality or county of funds available 
for the construction of a facility. 
In no case may violations of the lowest groundwater classification be allowed.  In 
addition, no violations of any groundwater classifications adopted after January 1, 1980, 
may be allowed for more than 3 years 26 months from the date of an offer of a state grant 
for the construction of those facilities. 
The department may not issue time schedule variances under subsection 1 to owners or 
operators of salt or sand-salt storage areas. 
An owner or operator of a salt or sand-salt storage area who is in compliance with this 
section is exempt from the requirements of licensing under section 413, subsection 2-D. 
An owner or operator is not in violation of a schedule established pursuant to this 
subsection if the owner or operator is eligible for a state grant to implement the schedule 
and the state grant is not available. 
SUMMARY 
This bill provides the state share for the remaining Priority 3 salt and sand storage 
facility project sites by creating a final process to notify a municipality or county of 
available funds and for that entity to respond to an offer of funding from the Department 
of Transportation. 
The bill requires that a municipality or county with a Priority 3 project respond 
within 2 months of receiving a certified letter from the Department of Transportation 
notifying the municipality or county of funds available to construct a facility for the 
storage of salt and sand. The bill requires that final plans for a Priority 3 project be 
reviewed with the Department of Transportation within 14 months of the notification of 
funds. The bill also requires that construction of a Priority 3 project be completed within 
months of the notification of funds. 
The bill changes the time frame during which a municipality or county would be 
exempt from meeting groundwater classifications adopted after January 1, 1980 with 
respect to salt and sand storage facilities from 3 years to 26 months from the date of an 
offer of a state grant for the construction of those facilities. If a municipality or county 
fails to meet any of the deadlines, it is no longer exempt from licensing requirements for 
waste discharges. 
The bill makes technical changes by removing language applying to funding 
priorities that are no longer applicable because they have already been funded or a new 
mechanism is being proposed in the bill.