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MINUTES ORANGE COUNTY BOARD OF HEALTH January 27, 2010 Board of Health Minutes Transcription completed by Anne Miles Cassell 4 January 27, 2010 operation. The NFWRF program relies on money from Martin Marietta and OWASA to replenish the fund. The Orange County Health Department administers the NFWRF policy by providing the testing, determining the available remedies, and overseeing contractors, repairs, and permitting. A resolution is being prepared by the County Manager for consideration by the BOCC. The Manager proposes that the landfill area funding source would be from the Solid Waste Enterprise Fund. It is anticipated that this program would operate similarly to the NFWRF. The Board was provided with a draft copy of a policy that is adapted from the NFWRF to consider as a possible policy for adoption by the BOH and the BOCC. The staff is recommending inclusion of septic systems in this proposal. The basis for the Manager’s recommendation for such a fund is a 1999 multi- governmental agreement to provide for community improvements within the ‘areas’ neighboring the existing landfill. The Manager is generally only considering wells in his proposal to Commissioners. While safe drinking water is of primary importance, another necessary community benefit is identification of and repairs to failing septic systems. Staff recommended that the Board of Health request that the resolution for the landfill assistance fund include considerations for failing septic systems in addition to failing wells. Tom Konsler stated that there is no requirement to have a well that produces potable drinking water; however, a working septic system in the absence of sewer hookup is required. Steve Yuhasz asked how the NFWRF applied to undeveloped lots. Tom Konsler stated that there is no provision in the NFWRF for undeveloped property. Commissioner Yuhasz stated that we should be cautious in how we commit these funds since they will be needed for monitoring the closed landfill. Jessica Lee stated that it was important from a public health perspective to include septic systems in any fund policy and suggested that the Board consider including this perspective in any recommendation sent forward. Tony Whitaker referenced the phrase “No Fault” in the fund policy and suggested amended language to be used in a letter to Commissioners. Paul Chelminsky stated that it was intuitive to see the cause and effect of how a landfill could affect water quality but to scientifically prove septic system failure due to landfill would not be possible. He also pointed out that a septic system could fail anywhere else in the county and the property owner would be responsible for repairs and receive no assistance. Dr. Chelminsky stated that this is setting a dangerous precedent and is more political than health related. Anissa Vines suggested that due to time limitations for further discussion a letter be sent to the County Manager pointing out the importance of septic systems and outlining concerns. Rosemary Summers stated that a Resolution is set to go forward at the BOCC February 2nd meeting and that it would be helpful in their final consideration of this Resolution to have the Board of Health input.