An Act Regarding Water Testing Related to Salt and Sand Storage Facilities
Maine Legislature, Session 131, LD 1019
Committee: Transportation
Sponsors: HASENFUS, HICKMAN
Amends: 23 MRSA §652

Legislative Document
No. 1019
H.P. 655
House of Representatives, March 7, 2023
An Act Regarding Water Testing Related to Salt and Sand Storage 
Facilities
Reference to the Committee on Transportation suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative HASENFUS of Readfield.
Cosponsored by Senator HICKMAN of Kennebec.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  23 MRSA §652, sub-§2, as amended by PL 1987, c. 769, Pt. A, §84 and PL 
2003, c. 689, Pt. B, §6, is further amended to read:
2.  Private water supplies.  In the event an owner of land adjacent to a state or state 
aid highway conceives that a private water supply on that land has been destroyed or 
rendered unfit for human consumption by the department constructing, reconstructing or 
maintaining the highway, such the owner may apply in writing to the department for a 
determination of the alleged cause and assessment of the damage and, if such the claim is 
founded on construction, the owner shall present such the application within 24 months 
after completion date of the work as that date appears in the records of the department. For 
purposes of this subsection, "state or state aid highway" includes any salt and sand storage 
facility located along that state or state aid highway to supply salt and sand for use on that 
highway.
The application shall must set forth the name and address of the owner, the owner's source 
of title, the location of the property, a description of the damage, the cause to which the 
damage is attributed and the name and address of any lien holder.
A.  If the department determines that it did not cause the alleged damage to such the 
water supply, a copy of the determination shall must be served by registered or certified 
mail or by personal service as required for service of a summons on a complaint in the 
Superior Court.
B.  If the department determines that any damage to the privately owned water supply 
was caused by the department constructing, reconstructing or maintaining the highway, 
a copy of the determination shall must be served by registered or certified mail or by 
personal service as required for service of a summons on a complaint in the Superior 
Court and the department shall set forth an offer of settlement which shall be either that 
offers:
(1)  To replace the water supply; or
(2)  To repair the damage to the water supply; or
(3)  To pay a designated sum of money; or
(4)  To purchase the realty served by the water supply in the event the cost of repair 
or replacement of the water supply exceeds the appraisal value of the realty.
C.  The department may issue rules and regulations in accordance with standards of the 
Department of Health and Human Services and the United States Department of Health 
and Human Services, Public Health Service regarding water potability for the 
determination of the degree of contamination, pollution or fitness for domestic use.
D.  The department shall in its determination consider the necessity for installation or 
replacement of piping, tanks, pumps, heating systems or other related fixtures. The 
Department of Transportation shall department may not condition installation or 
replacement on the owner giving possession or title of any privately owned piping, 
tanks, pumps, heating systems or other related fixtures on his the land to any agency of 
this State, unless agreed to by the property owner.
E.  If the department is unable to settle at what it deems determines to be a reasonable 
settlement, the department or owner may apply to the State Claims Commission in 
writing for a determination of the alleged cause and assessment of the damage.  The 
proceedings shall are then be the same as in condemnation cases.
F.  This subsection shall does not apply to private water supplies after June 26, 1969 
where the location does not allow for or provide for adequate surface drainage.
G.  This subsection shall does not apply to private water supplies now located or 
hereafter located within the right-of-way limits.
H.  This subsection shall does not apply to any private water supply damaged by 
construction, reconstruction or maintenance which that the department determines to 
have already been contaminated or polluted by another source to the degree said the 
contamination or pollution would have rendered it unfit for human consumption.
I.  The following provisions apply with respect to a private water supply located on 
property adjacent to a salt and sand storage facility.
(1)  The department shall arrange for and pay the cost of testing the private water 
supply every 2 years for any contaminants that may derive from the salt and sand 
storage facility.
(2)  If an owner of land adjacent to a salt and sand storage facility shows in an 
application under this subsection that the owner's water supply is contaminated by 
any contaminants that may derive from the salt and sand storage facility, the 
contamination is presumed to have been caused by that storage facility, and the 
department shall offer a settlement in accordance with paragraph B unless the 
department can demonstrate that the contamination was not caused by the salt and 
sand storage facility.  The department shall provide a demonstration that the 
contamination was not caused by the salt and sand storage facility in any 
determination served pursuant to paragraph A.
SUMMARY
This bill includes salt and sand storage facilities in the law governing the contamination 
of private water supplies adjacent to state or state aid highways.  It requires the Department 
of Transportation to arrange for and pay the cost of testing the private water supplies every 
years for any contaminants that may derive from the salt and sand storage facilities.
It also provides that if an owner of land adjacent to a salt and sand storage facility 
shows the owner's water supply is contaminated by any contaminants that may derive from 
the salt and sand storage facility, the contamination is presumed to have been caused by 
that storage facility, and the department is required to offer a settlement to remedy the 
situation unless the department can demonstrate that the contamination was not caused by 
the salt and sand storage facility.