Appeal Brief | Appeal Letter | Back
Second Appeal Brief
PA ID# 086-99086-00; Miami-Dade County
PW ID# 225; Emergency Power Generators
Citation: FEMA-3288-EM-FL, Miami-Dade County, Emergency Power Generators, Project Worksheet (PW) 225
Reference: Emergency Protective Measures
Summary: In August of 2008, Tropical Storm Fay caused serious damage and flooding throughout the State of Florida. The Applicant sustained continuous operation of emergency generators during the period of August 15 through August 20, 2008. FEMA prepared Project Worksheet (PW) 225 to document the scope of work and estimate incurred costs. FEMA denied the request to fund PW 225 because the preventive measure of running generators at each of the Water and Sewer plants was not warranted since there was no actual loss of power. The Applicant submitted its first appeal on December 30, 2009. The Applicant claimed that its generators operated in advance if the event as a matter of standard operating procedure in order to prevent interruption of electrical power to the water and sewage treatment facilities. The Applicant further stated that these costs were necessary as the facilities require a constant flow of power in order to operate properly, and failure to maintain the flow of power could have potentially led to water contamination.
The Regional Administrator denied the first appeal on July 15, 2010, on the basis that the Applicant did not demonstrate the existence of an immediate threat which would warrant the operation of emergency generator starting August 15, 2008.
The Applicant submitted its second appeal on December 29, 2010. In its second appeal the Applicant reiterated its previous arguments. Generally, those prudent actions taken by an Applicant to ensure the continuation of essential public services, and protect lives and public health are eligible for assistance. However the operation of the emergency generators the days prior to the qualifying incident period is not eligible for reimbursement.
Issues: 1. Is the operation of the Applicant’s emergency generators at the waste water treatment plants an eligible emergency protective measure?
2. Is the entire period that the generators were run eligible as an emergency protective measure?
Findings: 1. Yes.
Rationale: 44 CFR § 206.225(a)(1), Emergency Work; FEMA322, Public Assistance Guide, dated June 2007, pages (71, 54-55)