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

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~. 3a EXCERPT FROM AMERICAN STONE COMPANY/ORANGE WATER AND SEWER AUTHORITY CLASS A SPECIAL USE PERMIT (Filed on October 10, 2001, Orange County Register of Deeds, Book 2387, Page 333) • SPECIAL TERMS AND CONDITIONS 14. Orange County will establish and administer: (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 pazagraph, a well failure is a "probable result" of quarry operations if a qualified expert determines that quarry operations aze 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 the 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 repazations 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. ~J