2013 Maryland Code
TRANSPORTATION
§ 8-602 - Clearing highways


MD Transp Code § 8-602 (2013) What's This?

§8-602.

(a) The Administration shall:

(1) Keep all State highways reasonably clear of brush, snow, and other debris; and

(2) Remove from a State highway, as soon as its presence is made known to the Administration, any animal carcass that will impede traffic or substantially endanger the safety of the traveling public.

(b) (1) In removing snow from highways in Garrett County, the Administration:

(i) Shall avoid blocking completely the entrance to any home or business adjacent to the highway; and

(ii) May not throw or pile snow against any building in any way that interferes with the use of the building by its owner or occupant.

(2) If, in unusual circumstances, the entrance to any home or business is blocked in the course of snow removal, the Administration shall unblock the entrance within a reasonable time.

(c) (1) (i) In this subsection the following words have the meanings indicated.

(ii) “Farm truck” has the meaning stated in § 13-921 of this article.

(iii) “Local state of emergency” means a local state of emergency declared under § 14-111 of the Public Safety Article.

(iv) “State of emergency” means a state of emergency declared under § 14-107 of the Public Safety Article.

(2) In the event of a state of emergency or a local state of emergency, including snow, hurricane, windstorm, or a similar event, the Administration may request that the owner of a farm truck allow the Administration to use the farm truck to assist in snow removal.

(3) The owner of a farm truck may refuse a request made under paragraph (2) of this subsection to allow the Administration to use the farm truck.

(4) The owner of a farm truck may not allow the farm truck to be used under this subsection to assist in snow removal outside of the county in which the farm truck is registered.

(5) The Administration shall compensate the owner of a farm truck that is used by the Administration for snow removal.

(6) This subsection applies only if the farm truck meets the following minimum requirements:

(i) The farm truck passed its most recent inspection under § 23-302 of this article;

(ii) The operator of the farm truck possesses a valid commercial driver’s license and a current medical card;

(iii) The owner of the farm truck meets minimum insurance requirements; and

(iv) The farm truck uses ultra-low sulfur diesel fuel while being used to assist the Administration in snow removal.

(7) The Administration may adopt regulations to carry out the provisions of this subsection.

§ 8-602 - 1. Best practices guidelines for road salt management

(a) Legislative findings. -- The General Assembly finds that the use of best management practices for the storage, application, and disposal of road salt is necessary to reduce the adverse impacts on the water and land resources of the State by preventing:

(1) An increase in chloride concentrations in the soils and waters of the State; and

(2) Harm to soil integrity, soil organisms, and vegetation.

(b) Legislative intent. -- The General Assembly intends, by enactment of this section, to reduce to the greatest extent possible the adverse effects of road salt runoff and to safeguard life, limb, property, and public welfare.

(c) Guidance document. -- On or before October 1, 2011, the Administration, in consultation with the Department of the Environment, shall develop a road salt management best practices guidance document for use by local jurisdictions and the State to minimize the adverse environmental impacts of road salt runoff in the State.

(d) Guidance document -- Annual update. -- The Administration shall annually update the guidance document required under subsection (c) of this section and shall make the document available to the public on the Administration's website.

(e) Guidance document -- Contents. -- In the road salt management best practices guidance document required under this section, the Administration may:

(1) Establish best management practices that protect the environment from the negative impacts of road salt;

(2) Identify all activities that may result in the release of road salt into the environment, including road salt storage, the application of road salt on highways, and the disposal of snow that contains road salt;

(3) Take into consideration highway safety to the greatest extent possible;

(4) Establish standards and procedures for identifying:

(i) Areas that are particularly vulnerable to road salt runoff; and

(ii) Additional road salt management practices that need to be implemented in these areas;

(5) Establish goals for achieving a reduction of the environmental impact of road salt released into the environment;

(6) Include a training program for all State, local, and contract personnel who perform winter maintenance activities involving the use of road salt;

(7) Establish response procedures to address uncontrolled releases of road salt that may adversely impact the environment; and

(8) Establish record keeping and annual reporting procedures for the quantity of road salt used, the locations where the road salt is used, and any training conducted.

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