§ 27-1205. Mitigation of contaminants in drinking water.\n 1. Whenever the commissioner of health has required a public water\nsystem to take action to reduce exposure to an emerging contaminant or\nemerging contaminants and has determined that the concentration of the\nemerging contaminant constitutes an actual or potential threat to public\nhealth based on the best available scientific information pursuant to\nsection eleven hundred twelve of the public health law, the department\nin conjunction with the department of health, may, pursuant to the Clean\nWater Infrastructure Act of 2017 and within the up to one hundred thirty\nmillion dollars appropriated for such purposes, undertake all reasonable\nand necessary additional mitigation measures in any area of the state in\nwhich contamination is known to be present. The department shall employ\nfeasible measures that can be successfully carried out with available,\nimplementable and cost effective technology. Such area shall include, at\na minimum, all properties served by the public water system, any\nindividual onsite water supply systems impacted by the contamination,\nand any land and any surface or underground water sources impacted by\nthe contamination. Such approved measures shall be protective of public\nhealth and may include but not be limited to the installation of\ntreatment systems or the provision of alternative water supply sources\nto ensure that drinking water meets applicable standards, including\nmaximum contaminant levels, notification levels, maximum residual\ndisinfectant levels, or action levels established by the department of\nhealth.\n 2. If the department or the department of health, as applicable,\ndetermines that a drinking water contamination site poses a significant\nthreat to the public health or environment from a hazardous waste, the\ndepartment shall refer the site to the inactive hazardous waste disposal\nsite remedial program pursuant to title thirteen of this article.\n 3. Whenever the commissioner of health has required a public water\nsystem to take action to reduce exposure to emerging contaminants and\nhas determined that the concentration of the emerging contaminant\nconstitutes an actual or potential threat to public health based on the\nbest available scientific information pursuant to section eleven hundred\ntwelve of the public health law:\n a. the department shall have the authority to undertake directly in\nconjunction with the department of health, the development and\nimplementation of all necessary and reasonable mitigation and\nremediation measures of drinking water contamination, as approved by the\ndepartment of health, to address emerging contaminants in public water\nsupplies;\n b. the commissioner may order, after notice and opportunity for a\nhearing, the owner and/or operator of the drinking water contamination\nsite and/or any person responsible for such contamination to undertake\nall reasonable and necessary mitigation and remediation, as approved by\nthe department of health, to ensure that drinking water meets applicable\nstandards, including maximum contaminant levels, notification levels,\nmaximum residual disinfectant levels, or action levels established by\nthe department of health, and employ feasible measures that can be\nsuccessfully carried out with available, implementable and cost\neffective technology, subject to the approval of the department and the\ndepartment of health, at such site, and to implement such program within\nreasonable time limits specified in the order. Provided, however, that\nin the event the commissioner of health shall issue an order pursuant to\nsubdivision three of section one thousand three hundred eighty-nine-b of\nthe public health law, such order of the commissioner of health shall\nsupersede any order issued hereunder.\n 4. The department shall have the authority a. to delegate\nresponsibility for a specific drinking water contamination site to the\nmunicipality in w
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