Summary: On behalf of Wake County and the North Carolina Utilities Commission, the State is requesting funding for damages incurred to ten Low Pressure Pipe sewage systems servicing residential neighborhoods in Wake County, reportedly damaged during Hurricane Fran in September of 1996. As these systems were found to be the legal responsibility of a private contractor at the time of the disaster, permanent restoration was determined to be ineligible. Eligible assistance was limited to a six-month duration of pump and haul operations to reduce a potential health threat. FEMA further required that applicable state laws be used to recoup the pump and haul expenses from the private property owners. The State is requesting that funding for the pump and haul activities be extended until permanent restoration is completed, and that debris be removed as it is posing a threat. The State asserts that the damaged systems are the legal responsibility of the North Carolina Utilities Commission and Wake County, and should therefore be eligible for permanent restoration. Additionally, the State disagrees with FEMA's requirement to recoup expenses from private property owners.
Are the LPP systems the legal responsibility of an eligible applicant?
Is debris removal eligible?
Are pump and haul operations eligible for an extended duration?
Is FEMA's request to recoup funds reasonable?
The documentation supports that a private contractor had legal responsibility for operation and maintenance of the systems at the time of the disaster. Permanent restoration is not eligible.
It is found that the removal of debris is not necessary to reduce a threat and is, therefore, not eligible for funding as Category A.
The Regional Director has granted a six-month extension for the pump and haul operations. This analysis concurs with the approval of funding, and the limitation to an additional six-month duration.
Recoupment of funds for abatement of an imminent threat on private property is a State law and should be enforced.
Rationale: Permanent restoration funding is provided only to eligible applicants who had legal responsibility to repair the damages at the time of the disaster. Debris removal is only eligible when necessary to reduce an immediate threat. 44 CFR