49-286. Mitigation of non-hazardous
releases
A. If the director determines that a drinking water source is being or is about to
be rendered unusable without treatment as a drinking water source by a non-hazardous
substance that was disposed before the effective date of this chapter by a person that
would be a responsible party under section 49-283 if the substance were a hazardous
substance, the director may order that person to perform one or more of the following
mitigation measures:
1. Providing an alternative water supply.
2. Mixing or blending if economically practicable.
3. Economically and technically practicable treatment before ingesting the water.
4. Such other mutually agreeable mitigation measures as are necessary to achieve
the purposes of this section.
B. The director's selection of mitigation measures shall balance the short-term and
long-term public benefits of mitigation with the cost of each alternative measure. The
director may only require the least costly alternative if more than one alternative may
render water usable as a drinking water source.
C. A mitigation order issued under this section is enforceable under sections
49-261 and 49-264.
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