PA ID# 055-99055-00; Monroe County
DSR ID# 771 and 818; Emergency Protective Measures
Citation: FEMA-1467-DR-NY; Monroe County; PWs 771 and 818
Cross-reference: Emergency Protective Measures
Summary: A severe ice storm impacted Monroe County from April 3 through 5, 2003, and caused the Buttonwood Pump Station to lose both primary and auxiliary power. The station pumps approximately 14 million gallons of waste a day and is close to residences and an environmentally sensitive stream within the Lake Ontario watershed. Both the County and the State Emergency Operations Center were unable to locate a suitable generator for rent, so the County purchased a suitable 1,400 KV generator at a low bid of $170,000.
FEMA initially denied funding because the purchase of a generator that did not previously exist at the facility was not an allowable expense under Category B, Emergency Protective Measures. However, FEMA did reimburse the County for the hours that the generator was in use. On October 3, the State forwarded the Countys first appeal letter, dated September 29, 2003. On October 28, 2003, FEMA denied the first appeal citing that "the rental of a generator would be considered a temporary emergency measure. The purchase of a generator is a permanent capital expense and as such, would not be considered emergency or temporary in nature." In a letter dated January 15, 2004, the State forwarded the Countys second appeal dated the same day. The County acknowledged FEMA may even require us to sell the generator at auction and claim reimbursement for the difference between the purchase price and the sale price. Further supplemental documentation was provided in a letter dated January 23, 2004.
Issues: Will FEMA reimburse for the purchase of a generator under Category A, Emergency Protective Measures?
Findings: Yes, FEMA will fund the difference between the purchase and salvage value of the generator.
Rationale: 44 CFR § 13.32 (e)(2) and Response and Recovery Policy Number 9525.12.