| 2. Restoration of water supplies. The commissioner may clean |
up any discharge of oil and take temporary and permanent remedial |
actions at locations threatened or affected by the discharge of |
oil, including restoring or replacing water supplies contaminated |
or threatened by oil with alternatives the commissioner finds are |
cost effective, technologically feasible and reliable and that |
effectively mitigate or minimize damage to and provide adequate |
protection of the public health, welfare and the environment. |
When the remedial action taken includes the installation of a |
public water supply or the extension of mains of an existing |
utility, the department's obligation is limited to construction |
of those works that are necessary to furnish the contaminated or |
potentially contaminated properties with a supply of water |
sufficient for existing uses. The department may finance |
extensions of public water supplies to restore or replace water |
supplies contaminated by the discharge of oil when such |
extensions are not the least costly alternative if extensions, in |
the opinion of the commissioner, are practical. The department |
is not obligated to contribute to a utility's system development |
charge or to provide works or water sources exceeding those |
required to abate the threats or hazards posed by the discharge. |
The fund may be used to pay costs of operation, maintenance and |
depreciation of the works or water supply for a period not |
exceeding 20 years. The commissioner shall consult with the |
affected party prior to selecting the alternative to be |
implemented. |