P-0395 - No Fault Well Repair Fund Policy 06-04-2002-9a

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• POLICY FOR INSERTION INTO THE POLICY MANUAL MEETING DATE: 01/17/02 EFFECTIVE DATE: 01/17/02 NUMBER: P:0395 REVISIONS: 06/04/02 POLICY: NO FAULT WELL REPAIR FUND POLICY ORANGE COUNTY HEALTH DEPARTMENT ENVIRONMENTAL HEALTH DIVISION • • • BACKGROUND The No Fault Well Repair Fund (NFWRF) was established by Martin Marietta (d.b.a. American Stone Company or ASC) to provide for the repair or replacement of wells that fail and it is determined that the failure is not a probable result of the American Stone's quarry operations. The fund was established as a condition of a special use permit for the continued quarry activities and will expire in 2033 or 3 years after the quarry use is discontinued, whichever is sooner. The active quarry is in south central Orange County just to the north and west of the intersection of Highway 54 and Bethel-Hickory Grove Church Road. Wells serving properties that are within 3,000 feet of the perimeter of the quarry are eligible for this relief if and when they fail. The Orange County Health Department, Environmental Health Division (OCHD), will assist in the determination of well failures and in the development of strategies to repair, replace or renovate the failures. Other activities involving the quarry and claims against the quarry will be administered through other agencies and will not involve OCHD. Other funds established by the special use permit are not covered in this policy. WELL FAILURE Suspected well failures reported to the County will be referred to OCHD in a timely manner. The initial review of the complaint will be to determine if the failure is related to water quality or quantity. Once that initial determination is made, steps to evaluate the well and confirm or deny the failure will begin according to this policy. The evaluation will be made in accordance with field assessment, empirical laboratory results of water samples, technical expertise and professional judgment of the evaluators.