LD 1692
pg. 2
Page 1 of 3 An Act to Expedite the Contaminated Groundwater Remediation Process Page 3 of 3
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LR 1718
Item 1

 
5. Mitigation. The commissioner may take whatever action
necessary to abate, clean up or mitigate the threats or hazards
posed or potentially posed by an uncontrolled site or to protect
the public health, safety or welfare or the environment,
including administering or carrying out measures to abate, clean
up or mitigate the threats or hazards, and implementing remedies
to remove, store, treat, dispose of or otherwise handle hazardous
substances located in, on or over an uncontrolled site, including
soil and water contaminated by hazardous substances. When the
necessary action includes the installation of a public water
supply or the extension of mains of an existing water 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 hazardous substances 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 water utility's system
development charge, nor to provide works or water sources
exceeding those required to abate the threats or hazards posed by
the uncontrolled site. The department may pay the costs of
operation, maintenance and depreciation of the works or water
supply for a period not exceeding 20 years if funds are available
from Other Special Revenue or proceeds from the sale of bonds.
If a water supply well is installed after October 1, 1994 to
serve a location that immediately before the well installation
was served by a viable community public water system, and the
well is or becomes contaminated with a hazardous substance:

 
A. Neither the commissioner nor any responsible party is
obligated under this chapter to reimburse any person for the
expense of treating or replacing the well if the well is
installed in an area delineated by the department as
contaminated as provided in section 548, subsection 1; and

 
B. The obligation of the commissioner or any responsible
party under this chapter with regard to replacement or
treatment of the well is limited to reimbursement of the
expense of installing the well and its proper abandonment if
the well is installed in an area other than one described in
paragraph A. The well owner is responsible in such a case
for other expenses of replacing or treating the water supply
well, including the cost of any pump or piping installed
with the well.

 
For purposes of this subsection, "viable community public water
system" has the same meaning as in section 548.


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