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ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: November 17, 2009 <br />Action Age a <br />Item No. ^ <br />SUBJECT: Review and Discussion of Proposal Regarding No Fault Privately-Owned Weli <br />Repair Policy for Properties Near the Orange County Landfill <br />DEPARTMENT: County Manager <br />PUBLIC HEARING: (YIN) No <br />ATTACHMENT(S): <br />Orange County Solid Waste Landfill Impact <br />Zone - No Fault Privately Owned Well <br />Repair Policy (Proposal) <br />INFORMATION CONTACT: <br />Frank Clifton, County Manager, 245-2300 <br />Orange County Landfill Area 2008 with <br />3,000 Foot Buffer Selection <br />PURPOSE: To provide the Board with an opportunity to review and discuss a proposal <br />regarding a no fault privately-owned well repair policy for properties near the Orange County <br />Landfill and provide feedback and direction to staff. <br />BACKGROUND: In 1999, Orange County, the Town of Chapel Hill, the Town of Carrboro and <br />the Town of Hillsborough entered into agreement whereby Orange County (subject to the terms <br />of the agreement) assumed the solid waste management responsibility for the disposal of solid <br />waste county-wide. Among the many items covered in detail with the agreement were <br />provisions for the County to address various improvements within the `area' neighboring the <br />landfill property at the time the agreement was established. <br />Since the County has assumed the responsibility for managing the Solid Waste Landfill property <br />and its functions, residents have expressed concerns pertaining to several issues including <br />unconfirmed or documented failures of personal, privately-owned wells and septic systems <br />serving individual residents within the general area of the landfill. <br />In 2002, the Orange County Board of Public Health and the Orange County Board of <br />Commissioners adopted a No Fault Well Repair Fund Policy as part of resolving issues <br />associated with a .mining operation conducted by Martin Marietta elsewhere within Orange <br />County. Circumstances differ substantially from .that of the Solid Waste Landfill operation but <br />the parameters of this policy do align with the general aspects of addressing failed or failing <br />personally owned private wells and septic systems. <br />Similar in concept to the policy established in 2002 referenced above a well repair fund could be <br />established that would be funded via revenues generated by the Solid Waste operations. If the <br />Board supports this approach to addressing the well problems of residents within an impact <br />