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Third Appeal Summary
PA ID# 001-91010; East Bay Regional Park District
DSR ID# 71422,97443,97444; Oyster Bay Regional Park
PURPOSE: To obtain signature on a letter responding to the East Bay Regional Park District's third appeal.
DISCUSSION:The winter storms and rains of 1995 raised the groundwater level within the Oyster Bay Regional Park, which is owned by the East Bay Regional Park District (EBRPD), resulting in surface erosion and leachate flowing out of the closed landfill, discharging into the San Francisco Bay. FEMA prepared three ineligible DSRs for $165,279 for leachate collection, abatement and permanent restoration. FEMA determined each of the DSRs to be ineligible for funding, because the work was not the legal responsibility of the EBPRD but that of the previous site landfill operator, Waste Management of Alameda County, Inc. (WMI). In the first appeal, the EBRPD contended that the California Regional Water Quality Control Board assessed the responsibility to the EBRPD and WMI. FEMA denied the first appeal because EBRPD failed to submit any documents that were in force prior to the date of the disaster, which established the legal responsibility for remedying the leachate spill. In the second appeal EBRPD supplied selected pages of Board Order Number 94-0187, and contended that the document outlined EBRPD's responsibility for maintenance and operation prior to the disaster. The Executive Associate Director denied the second appeal because the provided documentation refers to both the District and WMI collectively, as having responsibility for any corrective action measures. No pre-disaster agreement between the two parties regarding corrective action measures was provided to demonstrate the responsibility of each party. In the third appeal EBRPD repeats the same arguments and attached a copy of a lawsuit WMI has filed against them because WMI has funded all remedial measures. To date the applicant has not incurred any disaster-related costs. The applicant is not responsible for the work performed as a result of the disaster and is therefore not eligible to receive federal disaster assistance for these projects.
RECOMMENDED ACTION: Sign the letter denying the subgrantee's third appeal.