Agenda - Planning Commission - 05/06/1997

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I I I I I I I I I ! I I I I I ! I I 21. 22. 23. 24. Altemativ~ Mediation of Private Well Claims. In the event of a substantiated claim of the loss of water supply or contamination of a private well which is allegedly caused by the groundwater recovery operation, the following process will be used to resolve the matter: a) The claimant, if knowledgeable of the operation of his or her well system, shall make a determination or shall retain the services of a qualified well repair or service firm who shall inspect the well to ascertain whether the problem is mechanical, electrical or other fault, or whether the problem may be the result of a water table drawdown or other circumstance which may be related to landfill recovery system activities. b) If the claim is sufficiently evident to the Permit Holder and the claimant that loss of water supply is attributable to the recovery operation, the Permit Holder shall reimburse the claimant for expenses incurred in securing temporary water for drinking and normal household activity. The Permit Holder and claimant shall mutually agree on a schedule to modify or replace the well with a system which will yield at least the flow prior to the claim. The water quality of the new or modified well must meet applicable drinking water standards. The Permit Holder shall bear all costs of the equivalent replacement well. c) If a disagreement occurs between the claimant and the Permit Holder regarding the cause of the failure, an independent hydrogeologic consultant, mutually agreeable to both parties, shall be selected within seven days of the claim, the hydrogeologic consultant shall investigate the claim and make a determination of the cause, recommend corrective action and recommend an allocation of costs, if necessary. The consultant shall file a report with the Permit Holder, City and claimant. The Permit Holder, if found partially or wholly responsible for actions leading to the claim, shall reimburse the claimant for all temporary water required for the household, the cost of the hydrogeologic investigation and the corrective action within 30 days of the date the determination was made. Applicability of Conditional Use Permit. This Conditional Use Permit shall apply to WMMI, its successors and assigns. Right to Require Performance. The failure of the City at any time to require performance by WMMI of any provisions hereof shall in no way effect the right of City thereafter to enforce the same. Nor shall waiver by the City of any breach of any of the provisions hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any position itself. Severeability. If any provision of this Conditional Use Permit shall be declared void or unenforceable, the other provisions shall not be affected, but shall remain in full force and effect.