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Second Appeal Summary
PA ID# 105-00000; Trinity County
DSR ID# 51752; Weaverville Landfill Cap
Citation: Appeal Brief; Second Appeal; Trinity County; FEMA-1044-DR-CA; PA 105-00000
Cross-Reference: DSR 51752; Weaverville Landfill Cap
Summary: Following the winter storms in 1995, FEMA prepared DSR 51752 for $801,510 for Weaverville Landfill in Trinity County (County), California to repair a damaged landfill soil cap, provide temporary cover, restore access roads and loading area to the pre-disaster condition, increase leachate tank storage, and provide temporary trash hauling. Upon review, FEMA determined the cap repair to be ineligible because the cap needed repair due to inattention prior to the disaster and the work would constitute a substantial improvement over the pre-disaster condition. Accordingly, the DSR was reduced to $46,039 to fund emergency protective measures, including $10,906 for temporary landfill cover. On February 20, 1996, the State submitted the first appeal requesting reinstatement of $755,471 for the cap repair. The basis of the first appeal was that the cap replacement did not constitute an improvement of the pre-disaster condition, because it replaced what existed prior to the storm. The County further contended the repair was eligible because the runoff of leachate into two watercourses created an immediate threat to public health and safety. On October 1, 1996, the Regional Director denied the first appeal because the new design represents an improvement of the pre-disaster condition and the appeal lacked supporting documentation that the repair was mandated by current codes and standards. In addition, the Regional Director determined the restoration of the cap is considered to be permanent work and not of an emergency nature. The State forwarded the second appeal on April 7, 1997, again requesting funding to return the landfill cap to its pre-disaster condition with a new DSR, as category "F" work. The County is also requesting $47,044 for landfill cap repairs. The County argues that the repairs do not constitute an improvement over the pre-disaster condition of the landfill cap and refers to a statement made in the Regional Director's response to the first appeal that "a separate DSR should have been prepared to document proposed restorative measures." The Regional Director's memorandum transmitting the second appeal explained that the referenced statement does not mean that the work should be eligible even if a separate DSR was prepared. Documentation provided indicates the post-disaster design represents a significant improvement over the pre-disaster condition.
Issue: Do the landfill cap repairs constitute a significant improvement of the pre-disaster condition?
Findings: Yes. The DSR narrative, the ENCOM, Inc. report, and a California Regional Water Quality Control Board letter indicate the post-disaster design represents a significant improvement over the pre-disaster condition.
Rationale: The appeal did not meet the requirements of 44 CFR 206.226 that authorizes restoration work only to the extent necessary to return a facility to its pre-disaster condition.