| 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: |