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Second Appeal Summary
PA ID# 021-29310; HAMILTON TOWNSHIP
DSR ID# 850.1; Wastewater Collection System
Citation FEMA-1295-DR-NJ, PA ID # 021-29310-00, Hamilton Township, PW 850, Wastewater Collection System
Cross-reference Pre-existing Condition, Improved Project, Repair vs. Replacement
Summary Hurricane Floyd damaged three sections of Hamilton Township's (Township) sanitary main interceptor line. The Township submitted a Project Worksheet (PW) claiming $125,560 in costs related to replacing a 347-ft section of the line. FEMA found the PW ineligible because the Township had replaced the line from manhole to manhole, rather than repairing the three failed sections of pipe. The Township appealed this determination on January 21, 2000, claiming that it was not practical to replace only the collapsed sections of pipe. It also claimed that costs related to pumping and other items of work were reasonable. FEMA approved $25,328 for this appeal on August 17, 2000. PW 850.1 allows for the estimated cost of eligible items of work, which include the replacement of damaged sections of the pipe and associated road repairs, among other items. FEMA did not approve the replacement of 347 lf of pipe, as the Township had requested. FEMA stated that evidence indicated the pipe was damaged prior to the disaster. The Township submitted its second appeal on October 27, 2000. It claims that storm damage weakened the pipe from manhole to manhole and it is common to replace pipe in one continuous length. In addition, it states that FEMA appears unwilling to reimburse work on older structures. It also argues for the use of PVC pipe, the cost of by-pass pumping, and force account overtime and equipment.
Issues 1) Did the cost to repair this facility to its pre-disaster condition exceed 50 percent of the replacement cost, or was repair infeasible? 2) Were claimed costs related to the repair of disaster-related damages? 3) Did the Township make improvements to the facility, while maintaining its function?
Findings 1) No. 2) No. 3) Yes, therefore reimbursement is limited to the approved estimate of eligible costs.
Rationale 44 CFR