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Michael Talbert summarized the information in the agenda abstract. <br /> BACKGROUND: On October 4, 2011 the Board of Commissioners authorized staff to <br /> proceed with a 'one-time' effort to clean up illegal dump sites located within three-fourths of one <br /> mile of the landfill boundary (Attachment 1), at no cost to the individual property owners. This <br /> item provides the opportunity for the Board of County Commissioners to review staff's plans <br /> and timeline to proceed with the cleanup of waste improperly dumped on properties within 3/< <br /> mile of the Orange County Landfill. The plan is subject to modification relative to other <br /> priorities. <br /> Subsequent to the October 4th authorization, staff has performed a windshield survey of the <br /> area as well as spoken to property owners and otherwise inquired about the extent of the illegal <br /> dumping problem. As a result, staff has acquired additional information that will impact final <br /> cleanup planning. There appear to be two large, unregulated (non-permitted) and currently <br /> inactive for-profit disposal sites within the delineated 3/4 mile area (Attachment 2). These sites <br /> raise complicated legal issues surrounding potential County and property owner liability that <br /> require a more measured approach. This has caused staff, pursuant to County Attorney <br /> advice, to amend the previous planning to take this, and perhaps other, unexpected and <br /> potentially problematic dump sites into account (Attachment 3). <br /> One property of concern has been recently purchased by St. Paul AME Church. The church <br /> has submitted applications to the Town of Chapel Hill for a rezoning of 20.4 acres from R-1 to <br /> R-5 zoning and for a special use permit as a mixed use development (to be developed in <br /> phases) that includes 350 parking spaces, fellowship hall, administrative complex, day care, <br /> gymnasium, independent living units, memorial garden, sales office, sanctuary, <br /> wellness/senior/teen center, mausoleum, assisted living/continuing care units, guest house and <br /> health clinic. These development applications are currently proceeding through the Town of <br /> Chapel Hill's development review process and it is the County's understanding that the Town <br /> has requested that the applicant submit a "landfill mitigation plan." <br /> The property seems to contain a variety of materials that are buried over a several acre area <br /> and contains construction and demolition debris, land clearing and inert debris, and possibly <br /> municipal solid waste and/or commercial waste materials. This unregulated and non-permitted <br /> dump was the subject of a Warning Letter from the North Carolina Department of Environment <br /> and Natural Resources in February 1992 (re: non-conforming dump site). However, there is no <br /> record that additional action was taken on this matter and there is no record of Orange County <br /> being notified. Staff believes the County should use utmost caution by not taking any cleanup <br /> action (excavation of waste materials) that might expose Orange County to substantial <br /> environmental/financial liability. <br /> The County Health Department has historically provided well water sampling in this area which <br /> includes the wells down-gradient of this "dump site". Additionally, the area residents have been <br /> offered water sampling at no cost through the Landfill Area Water Assistance Fund approved by <br /> the BOCC last year. Based on available data to date, there has been no contamination that <br /> could be deemed likely to originate from this buried waste. Health Department Staff will <br /> continue to evaluate groundwater data as it becomes available. Area residents on well water <br /> will continue to be encouraged to request testing of their drinking water wells at no cost. If wells <br /> are discovered that appear to have been impacted by this dump site, Health Department and <br /> Solid Waste Department Staff will collaborate to develop plans of action related to resident <br /> notification and site mitigation for Board consideration. It may also be necessary to include NC <br />