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HomeMy WebLinkAboutAgenda - 02-19-2002-10a ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 19, 2002 Action Agenda Item No. ( _ SUBJECT: No Fault Well Repair Fund Policy DEPARTMENT: Health PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: Special Use Permit Excerpt Rosemary Summers, ext 2411 No Fault Well Repair Fund Policy Ron Holdway, ext. 2371 Process and Time Guidelines TELEPHONE NUMBERS: Application Form Hillsborough 732-8181 Sample Reports from ASC's Consultant Chapel Hill 968-4501 Board of Health Hearing Procedures Durham 688-7331 Mebane 336-227-2031 PURPOSE: To receive a report and possibly consider approving the policy for administering the No Fault Well Repair Fund (NFWRF). BACKGROUND: The Board of Commissioners approved a special use permit for American Stone to continue operating the quarry off NC Highway 54 through 2030. As a condition of the special use permit, American Stone established a No Fault Well Repair Fund (NFWRF)for those residents whose property is within 3,000 feet of the perimeter of the quarry and who experience well failures not directly attributable to the quarry.operation. The initial fund amount is $87,500 and can be augmented by $20,000 per year if needed to meet the claims of the residents within the defined zone. Well failures that are a "probable result" of the quarry operation must be handled exclusively by American Stone at their expense. Staff attended two meetings regarding the NFWRF. The first included an American Stone representative and their consultants along with planning and environmental health staff. A second meeting included the county manager and additional representatives from the County's Planning Department, Environmental Health, Budget Office, and Engineer's Office. As a result of these meetings, it was agreed that health department staff would be the primary oversight agency for administering the fund. The points below are expanded in the attached policy statement. The Orange County Health Department will be involved in the administration of the fund in the following areas: - ♦ Determination of well failures ♦ Determination of the best remedy once a failure is identified ♦ Provide technical assistance and laboratory support to the residents throughout the process ♦ Provide information to residents on appeals options for residents not satisfied with the process 2 ♦ Board of Health will hear any appeals of residents who are not satisfied with the recommendations made by staff The Purchasing and Central Services Department will secure and manage the contracts with certified well contractors for actual repairs or replacement once Environmental Health has authorized the repairs or replacement. This avoids a potential conflict of interest since Environmental Health regulates well construction. The Animal Control and Environmental Health Committee of the Board of Health and the full Board reviewed the draft policy at their regular meetings in January and offered some changes that have been included. The Board of Health passed a motion to forward the No Fault Well Repair Fund Policy to the Commissioners for consideration. FINANCIAL IMPACT: Costs incurred by the Health Department will be charged to the fund on the same basis as though this had been an individual homeowner request. For example, a Well Construction Permit Fee will be charged to the fund for replacement wells and lab costs incurred for testing well water will also be charged to the fund. RECOMMENDATION(S): The Manager recommends that the Board receive the report, consider possible approval of the No Fault Well Repair Fund Policy, and authorize the'Health Department to proceed with implementation, subject to County Attorney review. 2a 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 paragraph, a well failure is a"probable result"of quarry operations if a qualified expert determines that quarry operations are 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 are 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 reparations 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. 3 NO FAULT WELL REPAIR FUND POLICY . ORANGE COUNTY HEALTH DEPARTMENT ENVIRONMENTAL HEALTH DIVISION BACKGROUND The No Fault Well Repair Fund (NFWRF) was established by Martin Marietta (d.b.a. American Stone Company or ASC) to provide for the repair or replacement of wells that fail and it is determined that the failure is not a probable result of the American Stone's quarry operations. The fund was established as a condition of a special use permit for the continued quarry activities and will expire in 2033 or 3 years after the quarry use is discontinued, whichever is sooner. The active quarry is in south central Orange County just to the north and west of the intersection of Highway 54 and Bethel-Hickory Grove Church Road. Wells serving properties that are within 3,000 feet of the perimeter of the quarry are eligible for this relief if and when they fail. The Orange County Health Department, Environmental Health Division (OCHD), will assist in the determination of well failures and in the development of strategies to repair, replace or renovate the failures. Other activities involving the quarry and claims against the quarry will be administered through other agencies and will not involve OCHD. Other funds established by the special use permit are not covered in this policy. WELL FAILURE Suspected well failures reported to the County will be referred to OCHD in a timely manner. The initial review of the complaint will be to determine if the failure is related to water quality or quantity. Once that initial determination is made, steps to evaluate the well and confirm or deny the failure will begin according to this policy. The evaluation will be made in accordance with field assessment, empirical laboratory results of water samples, technical expertise and professional judgment of the evaluators. The evaluators will be OCHD staff, American Stone consultants and other experts as appropriate and as deemed necessary by OCHD. Public water supply wells are not covered by this policy and are not eligible for the NFWRF monies. 4 American Stone Company will also have the initial responsibility, at their expense, to determine whether the well failure is a probable result of the quarry operation. If the determination is made that the well failure is a probable result of the operation, American Stone has complete and sole responsibility to repair or replace the well and the resident is not eligible for the NFWRF monies. The County or OCHD will not be involved with the negotiations when a well fails as a probable result of the quarry operation except to provide water sampling and technical expertise when requested. Well permits and inspections for replacement wells will be required and fees for those services will be paid out of the NFWRF, the resident, or American Stone as indicated by the findings or negotiations. Well failure will be defined in terms of problems with either quality or quantity. Following is a short description of what constitutes a well failure in both those categories and the procedures through which determination will be made in each category. uantit : A well must be able to produce a minimum of 750 gallons per day or 100 gallons per permanent resident of the home, whichever is greater. The assessment of the well quantity will involve determining the total depth of the well, the total flow of the water zones in the well, the depth that the pump can effectively pump water, and any other factor that affects the quantity of water the well can produce. ualit : A well must produce water that meets the current or future primary drinking water standards of the US EPA or the State of North Carolina, or other standards established by the Orange County Board of Health deemed necessary to protect against long term or short term adverse health effects. Assessment of well water quality may include sampling, videotaping the well casing/bore- hole, or other actions necessary to determine the water quality from the well. The following findings do not constitute a well failure: • An inoperable or insufficient pump serving the well • Inoperable or insufficient wiring or plumbing serving the well • Water treatment systems installed prior to this policy that were improperly installed or maintained 5 WELL FAILURE DETERMINATION PROCEDURES ualit : 1 . The homeowner or resident notifies the County of the problems they are experiencing with their well. The information given should be as specific and detailed as possible in regards to the problems they have and the history of those problems. 2. The Health Department will conduct bacteriological and inorganic chemical water samples. Other types of samples may be collected, depending on the specifics of the complaint. 3. If the sample results indicates there is a well failure, the Health Department will notify ASC so their expert can visit the site to complete the probable result assessment. 4. ASC's "qualified expert" visits the site and perform diagnostic procedures to evaluate whether the quality problems are a probable result of the quarry operations. 5. The expert shall prepare a report of their findings for review and reference in further handling of the matters. 6. If there is a determination that a well failure exists and is a probable result of the quarry operation, ASC is responsible for remediation of the situation. 7. If the probable result determination is negative, the expert will refer the situation back to the County for renovation, repair, treatment system, or replacement through the NFWRF. uantit 1 . The homeowner or resident notifies the County of the problems they are experiencing with their well. The information given should be as specific and detailed as possible in regards to the problems they have and the history of those problems. 2. The County will notify ASC 3. ASC will have a "qualified expert" visit the site and perform diagnostic procedures to evaluate whether there is a defined well failure in terms of well water quantity. 4. The expert shall prepare a report of their findings for review and reference in further handling of the matters. 5. If there is a determination that a well failure exists and is a probable result of the quarry operation, the well will be renovated, repaired or replaced by ASC. 6 6. If the probable result determination is negative, the expert will refer the situation back to the County for renovation, repair, or replacement of the well by the NFWRF. REMEDIATION OF FAILURES Repair: Well repairs can be implemented for those situation involving known or discoverable flaws in the well construction. The repairs may involve the installation of a liner or sleeve in the existing casing; raising the well head above the finished grade; or deepening of the bore hole. The use of a well repair strategy is usually limited, especially when the well is more than 15-20 years old. Treatment: Treatment systems are indicated when they are the best solution for the well failure. Treatment systems may be the only remediation available for some well failure situations. Examples of treatment systems are whole-house filters, point of use filters, softeners, reverse osmosis units and neutralizers. Renovation: Renovation is generally indicated when there are certain types of non- pathogenic bacteria present in the well such as iron or sulfur bacteria. Over time, these bacteria cause an increase in undesirable qualities in the water and many times cause a slime to develop on the well walls or within the plumbing system that exacerbates the problem. The renovation process removes the slime and other buildup in the well and plumbing system through a chemical or mechanical process and eliminates or reduces the levels of nuisance constituents in the water. Replacement: Well replacement is indicated when the existing well is failing according definition established by this policy and the well cannot be renovated or repaired. Any new well may need a new pump, wiring and water line in order to be put into service which would be covered under the NFWRF. 7 Limitations: Each remediation strategy will be allowed once for each eligible well and any long term maintenance costs associated with a strategy, if incurred, will be the responsibility of the well owner. The well owner will be required to sign a release for each strategy provided. There will be no guarantee from Orange County that any strategy will solve the problems with existing or replacement wells. OTHER CONSIDERATIONS Costs: The following costs will be paid for out of the NFWRF: ♦ Repair, treatment, renovation, or replacement of failing wells on properties within the affected zone ♦ Costs incurred in the evaluation and determination of whether a well failure exists, including sampling, permits and consultant fees ♦ Other costs as deemed necessary by the Health Director and approved by the County Manager Contractors: Contractors used by the County in the remediation of well failures shall be subject to the County's competitive bid process as administered by the County's Purchasing Department or other agency as appropriate. Discoveries: Any well failures or other associated problems determined to be the direct responsibility of ASC after the initial assessment will be referred back to ASC for remediation. If the County has spent funds from the NFWRF and such a discovery is made, ASC will be responsible for reimbursing the County for the amount spent. Educational Packets: The County should prepare an informational literature to be given to well owners as they apply for use of the NFWRF. The information should detail the processes involved in the use of the fund and what the applicant can expect as they proceed with a claim. 8 APPEALS Appeals concerning the NFWRF fund will be heard by the Orange County Board of Health in a manner consistent with Board of Health policies and procedures. Adopted by the Orange County Board of Health on january 17, 2002. 9 „ PROCESS AND TIME GUIDELINES NO FAULT WELL REPAIR FUND REQUESTS AMERICAN STONE COMPANY QUARRY AREA A. Problems related to water quantity Process Steps Response Time Guidelines i. Request is received by Environmental Health Division (OCHD) N/A from residents or other agency. ii. OCHD contacts American Stone and advises them of the Contact made within 2 business request and the nature of the request. days of request. iii. American Stone consultant visits site, conducts a preliminary investigation, and determines whether a well problem exists and Consultant visits site within 10 if the problem is a "probable result" of the quarry activity. The business days of request. consultant reports findings to OCHD. iv. If the consultant finds that the problems are a "probable result" N/A of the operation,no further action is necessary by OCHD v. Based on a finding and report from American Stone that there is OCHD confirms or denies the a well problem and it is not a probable result of the quarry well failure claim within 5 operation, OCHD staff will: business days of receipt of the a. Confirm a well failure exists;or American Stone consultant report b. Deny the well failure claim; or or recommends further study of c. Recommend further study of the well the well. vi. For well failures that are not a probable result of the quarry operation, OCHD staff recommends: Strategy recommended and a. A remediation strategy - an authorized Orange County contractor is contacted within 10 representative contacts the appropriate contractor(s). (Go to business days of receipt of final step viii); or sample results or after results of b. Further study by a private consultant to determine the best further study are complete. remediation strategy. vii. Private consultant completes study and reports to OCHD (go Depends on consultant schedule back to vi-a. viii. Remediation strategy is effected Depends on contractor schedule Appeals shall be made within 30 days of the issuance of a denial based on the finding that no well ix. Appeals by the residents to the Board of Health failure exists or other finding unsatisfactory to the resident. Once made, appeals progress according to the Board of Health Policy on appeals. io B. WATER QUALITY PROBLEMS Process Steps Response Time Guidelines i. Environmental Health Division (OCHD) receives request from N/A resident directly or through another agency. ii. OCHD contacts American Stone and advises them of.the Contact made within 2 business request and the nature of the request. No action is required by days of request. American Stone at this point. iii. OCHD staff collects water samples for analysis at the State Laboratory of Public Health. Depending on the samples results, First samples collected by OCHD additional sampling may be necessary to fully assess the within 10 business days of problem. [NOTE: The timing of water sample results is not request. under control of OCHD or Orange County. Results of most samples are returned within 2-3 weeks]. iv. Based on the water sample results, OCHD staff will: OCHD confirms or denies well a. Confirm a well failure exists; or failure claim within 5 business b. Deny the well failure claim; or days of receipt of the final sample c. Recommend further study of the well results. OCHD also notifies American Stone within the 5 OCDH notifies American Stone if a well failure exists. business day period once a well failure is confirmed. v. American Stone consultant visits site and determines whether Consultant visits site within 10 the well failure is a "probable result" of the quarry activity and business days of request. reports findings to OCHD. vi. If the consultant finds that the failure is a "probable result" of N/A the operation,no further action is necessary by OCHD. vii. For well failures that are not a probable result of the quarry operation, OCHD staff recommends: Strategy recommended and a. A remediation strategy - an authorized Orange County contractor is contacted within 10 representative contacts the appropriate contractor(s). (Go to business days of receipt of final step ix); or sample results or after results of b. Further study by a private consultant to determine the best further study are complete. remediation strategy. viii. Private consultant completes study and reports to OCHD (Go Depends on consultant schedule back to step vii.-a. ix. Remediation strategy is effected Depends on contractor schedule Appeals shall be made within 30 days of the issuance of a claim denial based on the finding that X. Appeals by the residents to the Board of Health no well failure exists or other finding unsatisfactory to the resident. Once made, appeals progress according to the Board of Health Policy on appeals. NO FAULT WELL REPAIR FUND APPLICATION APPLICANT INFORMATION: OCHD USE ONLY: Owner: TMBL: Address: City/St/zip: DATE RECEIVED: Phone: Directions To Property: DATE ASC NOTIFIED: RS: DESCRIPTION OF PROBLEMS: 1. When did the problems begin (if known): 2. Water Quality (please describe any problems with taste, stains, cloudiness, etc.): 3. Water Quantity (please describe any problems such as loss of pressure, well running dry, etc.): 4. Is there any type of treatment system for the well water (filters, softeners, etc.): YES NO If yes, what type of treatment: WELL INFORMATION: Please give any of the following information that you know. Leave the space blank if you do not know the information: 1. Well Depth: Ft. 2. Casing Depth: Ft. 3. Amount of Water: Gallons per Minute (GPM) 12 4. Year Drilled: 5. Driller: I authorize the Orange County Health Department staff or other consultants/contractors designated by Orange County to enter my property to determine if a well failure exists. I understand the determination can involve water samples, pump tests or other procedures necessary to fully evaluate the well and water supply system. OWNER: DATE: Marton Marietta Materials r. R 13 -A P.O. Box 30013 Raleigh, NC 27622-0013 Telephone: (919)781-4550 February 5, 2002 Mr. Craig Benedict,Director Orange County Department of Planning and Inspections 306F Revere Road Hillsborough,NC 27278 Subject: Well Investigations Special Use Permit—American Stone Company Dear Mr. Benedict: In accordance with Condition#14 in the above referenced permit, a qualified expert has researched the condition of two wells that were reported to your office as "dry". American Stone Company contracted with The Water Specialists to conduct this work. The two wells are located at the following addresses: Mitchell Hines Roy Belon 1034 Hwy. 54 West 1325 Broadwell Road Chapel Hill,NC 27516 Chapel Hill,NC 27516 The attached reports cover the results of the investigations. Each well contained numerous mechanical problems as outlined. Each well also yielded an adequate supply of water. I am including a copy of The Water Specialists hand written report as well as a typed version. As mentioned in both reports,American Stone Company has no connection to the problems found at each well. American Stone Company considers this matter closed with respect to these two wells and our responsibility as outlined by Condition#14. Please let me know if you need any additional information on this matter. Sincerely, 4, L,. b Steve Whitt, P.E. Manager, Environmental Services CC: Ron Holdway,Environmental Health Bill Allgood,American Stone Company } •. 14 THE WATER SPECIALIST , INC . 60? CORNERSTONE CT . HILLSBOROUGH , NC 27278 919-929-1557/919-732-1578 PAGE # 1 OF 1 DATE--. 01/31/02 EMPLOYEE-- TYLER INVOICE #-- 19029 CUST . CODE-- MARTI- - SOLD TO-- JOB-- MARTIN MARIETTA ATTN: STEVE WHITT PO BOX 30013 RALEIGH , *NC 27622-0013 COMPLAINT ISSUED BY HIMES -------------- ---------------------------- 12-07-01 FOR MITCHELL HIMES 1034 HWY 54 W. CHAPEL HILL, NC 27516 FINDINGS: NO WELL TAG; WELL SEAL NOT TO CODE; NO ELECTRICAL GROUND; WIRING NOT TO CODE; WELL YEILD AT 6.5 GPM; PUMP YEILDING 14+ GPM; NO INDICATIONS OF "DRY" WELL FOUND;NO DISCERNABLE CONNECTION WITH AMERICAN STONE QUARRY FOUND; RECOMMENDATIONS: REPLACEMENT OF PUMP SYSTEM BRINGING WELL HEAD, PUMP AND WIRING, ETC. TO�CODE�AND,PROPERLY SIZING�PUMP� � FOR � INFOW, DEPTH�ETC. - INVOICE TOTAL $450 .00 DUE UPON RECEIPT *** PLEASE INCLUDE YOUR INVOICE NUMBER *** / 4, Res /(fJc;,-n se /tee o I r 114e- G-V Le) c >a --� -o / i m S G 3 Y 44W � y c tW W, a r� - -7 15 ► yl n� S o N d �-a iJ�2�` ea)( rLo co�� ej eC r1 Ca 1 Y-0 o v e U.3 i Y' u h 'YV cS� �-o C d C� � e 5 �p Oi li b ✓1 1 C CX4 vn S o ,pov YN d 7 NO 4i<--cermtle C.onne y��w� �I�� i4m. 5- 7`17,-e Ouarr. -eCo,nnme ✓b�u�ic.� S Re p�4L e me eA- o� U .5y 4 m � ,^ i n ; n Wei kec,j u LO1rin ejC, 57iZ)n 112ii?6EE1Q01 p g15:,�3g2 MARTIN MARIETTA 4 97321643 111R�113/ 817�ye:51 911f 46440.3 Northen Slue W.F %� 16 OR CT's. ,PL.Ah�iTNG PAGE 82 .Aaaerfca Stone . uara SomiflaWform StafYMa Z`eking CO Mail R,efwral t.b':k=4 'rM'SL: -. t'�[3 t L� f► DATE: Prap,exty OwaarlCompl ' t ,�1 ��,a s clepbaaa I�Iumbtr;„�3 Tom ' elephoue Nltm'bat; "=V=ty St,reat a►ddr+ess: Complsiat: c UAAwqs JR—C,l ON 2; XRQMIMQ 833kS Is PrOPMtY located witbin 30000 fact of the quarry district bo NO (am.sea If YES,a COPY 01WE form,shall be sent-to ASC by either: i(�' report) 2)CER D MAM (kftp reaaipt) 3)IN PERSON nie aK� DATE complsiatrafen'ed to Amcri=Stone Company: _1�. Alt of 0Q t Who,at AM garb,the cvraplaiut referred to: �* phone: DATE the ASC report retmme& If complaint is resolved by A.BC,complete the Resolution of Complaint section bclow. If ASC report states£azluure not due to a result of query apezationtis OR the sabjtct p=vpcmty is over 3,000 feet franc the quarry district boi=darY,then a copy of complaint fame and,if applicable.ASC report shall be seat to Bnvironmcu al Ecalth. DAVE complaint form/ASC report:alerted to Rnv3to= mtal Health; Copy of 06mPlaizi form and ASC repoA sent by! 1)FAX 2)IN PBRSON Who in lxV;ha=octal Rem was the complaint refatred to: DA'C'E that complaint resalution was rmeivod from Bnvi mm=tal Health: SMaMON OF CQW 17 THE WATER SPECIALIST , INC . 603 CORNERSTONE CT . �'!ILLSCOROUGH , NC 27278 919-929-1557/919-732-1578 PAGE # 1 OF 1 DATE- 01/31/02 EMPLOYEE-- TYLER INVOICE #-- 19031 CUST . CODE-- MARTI- - SOLD TO-- JOB-- MARTIN MARIETTA ATTN: STEVE WHITT PO BOX 30013 RALEIGH, NC 27622-0013 COMPLAINT FOR BELION 11-30-01 FOR ROY BELION 1325 BROADWELL RD. CHAPEL HILL, NC 27516 919 967 4995 FINDINGS: WELL BELOW SURFACE/NOT TO CODE; WcLL VENT MISSING SUBJECT TO CONTAMINATION; STATIC WATER LEVEL 361 ; BEGAN PUMPING AT 13 GPM AFTER 75 MINUTES WELL DELIVERED 5.25 GPM; IRON CONTENT WAS 10+ PPM AT THE END OF THE TEST; WELL DIRTY AND HAS HIGH IRON CONTENT; NO DISCERNABLE CAUSE AND EFFECT W11H AMERICAN STONE FOUND; ORIGINAL WELL TAG INFO- INFLOW 3GPM-185' DEEP; PUMP OUTPUT SUCH THAT OVERPUMPING CAN OCCUR, NO INDICATION OF "DRY" WELL FOUND RECOMMENDATIONS: 1) REPAIRS TO EXISTING WELL- RAISE WELL HEAD; CLEAN WELL; LINE WELL; REPLACE PUMP 2) REPLACE WELL- NEW WELL; NEW PUMP INVOICE TOTAL $450 .00 DUE UPON RECEIPT **** PLEASE INCLUDE YOUR INVOICE NUMBER * � �©w PC6 3 e i } r eSS o I 5 13 roadwe� C, 44 �C `?to-7, 449 S S . h e cL be (o w tJY Ce r1 o- d } d a, WQ ( ` ue-v+ YY1.i5S > n sv � 'J ec ! To 5 CG✓1. OL C VJ cL4 a r- (.eve 3 c. tq S \j e �5 5, ash m ; s �' �o • ; �' Cr-e-,4e h-" u9 G 5 to 14 ) m o- c st � x a �, 4 w � C r.-n4 e �t. y I r . �) n 4 -i :5ce_rn*aL /e C a uJ S e a YL e C (Aj S4o ne 0 O �s YN , i plea � m e - Qs 3 pm _ . . . u . ou pu+ Suc � 7`!?a ge_r-__v._ Pj-? Cart o c'C v r >v o t.. �i Ca_ -��7- � 13-e L 1 19 I Recom rri e h�G't-r �n S -...,. _ II ._ :.. e w I� -4-7T I�I I I! : iI i y 20 American Stone Quarry Complaint Form SECTION 1: GENERAL INFORMATION Staff Member Taking Complaint: By: . 69D Mail Referral (circle one) TMBL: 4, it-2.A .. Ivfl PIN: DATE: (9� roperty wne omplainant Telephone Numbe�t) t L 1 t � q '� — Telephone Number: 4a? Property Street Address: ��7._"' \. ��� ��` C� N L Complaint: t jr / SECTION 2: PROCEDURAL STEPS Is property located within 3,000 feet of the quarry district boundi4 YES NO (circle one If YES,a copy of this form shall be sent to ASC by either: dTTAX4�tach report) 2) CERTIFIED MAIL (keep receipt) 3) IN PERSON (circle one) DATE complaint referred to American Stone Company: \ DO 1 Who, at ASC, was the complaint referred to: a v. A>��Phone: DATE the ASC report returned: If complaint is resolved by ASC, complete the Resolution of Complaint section below. If ASC report states failure not due to a result of quarry operations OR the subject property is over 3,000 feet from the quarry district boundary, then a copy of complaint form and, if applicable, ASC report shall be sent to Environmental Health. DATE complaint form/ASC report referred to Environmental Health: Copy of complaint form and ASC report sent by: 1)FAX 2) IN PERSON Who in Environmental Health was the complaint referred to: DATE that complaint resolution was received from Environmental Health: RESOLUTION OF COMPLAINT: 21 ORANGE COUNTY BOARD OF HEALTH HEARING PROCEDURE FOR APPEALS NO FAULT WELL REPAIR FUND NOTE: The following procedure is used by the Orange County Board of Health in matters regarding the Health Department staff decisions in the administration of the No Fault Well Repair Fund. It should be read and understood by the aggrieved party before proceeding with the hearing. STEP 1 - The aggrieved party files a formal appeal in writing to the Board through the Orange County Health Director. The appeal should be specific as to the reasons for the appeal. STEP 2 -The hearing is scheduled by the Health Director or the Health Director's representative before a sub-committee of the Board(i.e.,hearing officers). STEP 3 - The hearing: The entire hearing will be electronically recorded and the recording will later be transcribed. During the hearing,the following will be the sequence of actions: • Introductions of all parties. • Presentation by the aggrieved party as to why they believe the Division staff's interpretation(s) and action(s) are in error. • Presentation by Environmental Health Division staff explaining or defending the actions of the Division. • Question and answer period for all involved parties. • Closure of the formal hearing. __STEP 4 -A preliminary transcript of the hearing will made available to the aggrieved party,the Board hearing officers, and the Division staff for corrections and clarification. All parties should make corrections and return them to the Division for the final transcript preparation. STEP 5 - The final transcript will be sent to all parties present at the hearing and to the full Board of Health. The hearing officers may also make further comments or recommendations to the full Board. STEP 6 - The appeal will be on the agenda for action at the next full Board of Health meeting after the transcript is finalized. STEP 7 - Once the Board takes action to uphold, deny or modify the staff decision, it will issue a written decision to the appellant.