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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />41 <br />42 <br />43 <br />44 <br />45 <br />46 <br />47 <br />48 <br />17 <br />0 <br />Since the County has assumed the responsibility for managing the Solid Waste Landfill <br />property and its functions, residents have expressed concerns pertaining to several issues <br />including unconfirmed or documented failures of personal, privately-owned wells and septic <br />systems 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 />area (3,000 feet of the landfill's boundary) of the existing landfill operation, staff can formulate <br />the policy; meet with the landfill partners to assure concurrence; and once approved by the <br />Board, initiate contact with residents within the impact area served by a non public water <br />supply. <br />If the BOCC concurs with this approach, staff will initiate the actions necessary to bring a formal <br />policy back to the Board for consideration and approval. There are several steps to be <br />pursued. Since many of the basic parameters for this effort have been addressed within the <br />scope of the program currently in place related to the Martin Marietta quarry project, a timely <br />response and follow up should occur. <br />FINANCIAL IMPACT: There is no financial impact associated with review and discussion of <br />this item and providing feedback and direction to staff. <br />RECOMMENDATION(S): The Manager recommends that the Board review and discuss the <br />proposal regarding a no fault privately-owned well repair policy for properties near the Orange <br />County Landfill and provide feedback and direction to staff. <br />Commissioner Hemminger asked if any consideration had been given to individuals who <br />have a failing sewer system as opposed to just wells. Frank Clifton said that the Board could <br />pursue that, but it could not be related to the landfill because there are failing septic systems <br />throughout the County. <br />Commissioner Yuhasz suggested getting the results back from the study in the previous <br />item before moving too far ahead. This would also put an additional burden on the Solid Waste <br />Enterprise Fund. He made reference to page 3 and a mention of the report of the Landfill <br />Benefits Committee and, "legal analysis concerning the use of system funds," and he did not <br />see either of those things. He would like to see these things. <br />Frank Clifton said that this item is key to the study. The issue would be to set up a <br />process where funds could be set aside for future issues. The Enterprise Fund is required to <br />manage for 30 years after the landfill closes any environmental impacts that may occur. This <br />policy would address the short-term problems. <br />