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

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~;;~.2387 ::,_: 333 40 (a) a No Fault Well Repair Fund (NFWRF) from which funds will be made available to residents within 3,000 feet of the perimeter of the quarry to repair or replace residential • wells that fail for any reason other than as the probable result of American Stone Company's quarry operations. American Stone Company on its own will be responsible for the cost of repairing or replacing wells that fail as the probable result of its quarry operations, and such repairs or replacement will not be paid for from the NFWRF. For purposes of this paragraph, a well failure is a "probable result" of quarry operations if a qualified expert determines that quarry operations are the most likely cause of the failure. American Stone Company will deposit $87,500:00 into the NFWRF upon the issuance of this permit and for so long as it continues to mine on tie permitted property, will add up to $20,000.00 annually to the fund if Orange County determines that additional funds aze necessary to provide for repairs of wells that fail for any reason other than as the probable result of American Stone's quarry operations. Residents within 3,000 feet of the perimeter of the quarry may file for. well reparations until December 31, 2033 or until three years after termination of extraction operations on the property whichever first occurs. If there are any funds remaining in the NFWRF three years after the termination of extraction operations or December 31, 2033, whichever first occurs, the NFWRF will be terminated by Orange County and the money remaining in the NFWRF will be transferred into the County's general fund. (b) another fund which will be used primarily as another source of funding to provide no fault well repairs. Orange County may also use this fund to pay for community health, safety and welfare purposes, related to quarry operations and impacts, determined to be appropriate by the Orange County Board of Commissioners in consultation with the Board of Directors of OWASA. Community health, safety and welfare purposes for which money from this fund may be appropriated by Orange County are not limited to purposes within 3,000 feet of the perimeter of the quarry. OWASA will deposit $15,000. annually to this fund until the year ending December 31, 2030 or until the year in which extraction operations on the property terminate whichever first occurs. If there are any funds remaining in this fund three years after the termination of extraction operations or December 31, 2033, whichever first occurs, this fund will be terminated by Orange County and the money remaining in the fund will be transferred into the County's general fund. 15. Within two years of the issuance of this permit any property owner within a 3,000 foot radius of the property encumbered by this permit may request American Stone Company to conduct a pre-blast survey of structures on his or her property. An outside consultant selected and paid for by American Stone with expertise in this field will perform the survey for the purpose of documenting with photographs and other means the condition of the structure at the time of the survey. The expert will provide a copy of the survey to the homeowner. American Stone Company will, acting in good faith, accept responsibility for any damage alleged to have occurred after the pre-blast survey where the pre-blast survey and blasting data as determined by an expert indicate a probability but not a certainty that the damage was caused by the activities of American Stone Company. 16. American Stone Company will maintain a notification directory of all neighbors living within . a 3,000 foot radius of the perimeter of the permitted property who request notification prior to blasts. American Stone will attempt to notify each neighbor requesting notification of planned blasts by telephone at the number provided by the neighbor at least 24 hours prior to the blast.