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Increased Treatment Chemical Consumption and Energy Usage

Appeal Brief Appeal Letter

Appeal Brief

DesastreFEMA-1044-DR
ApplicantOrange County Sanitation Districts
Appeal TypeSecond
PA ID#059-91108
PW ID#98522,91654
Date Signed1997-12-05T05:00:00
Citation: FEMA-1044-DR-CA; Orange County Sanitation Districts; DSR's 98522 & 91654

Cross Reference: Operating Costs, Utility, Wastewater Treatment Plant, Ocean Outfall, Flapgate

Summary: In January 1995, winter storms led to increased flows in the Orange County Sanitation District (District) wastewater treatment system's two plants which both discharge to an ocean outfall located five miles off-shore (200-foot depth). Increased pumping pressure caused the outfall flap gate to fail, allowing semi-treated wastewater to discharge directly into the ocean rather than through a mile-long diffuser pipe. During the 20 days this flap gate was open, chemical addition had to be increased to raise primary solids removal required by their National Pollution Discharge Elimination System (NPDES) permit. In addition, the higher pumping rates caused increased energy costs for the two plants. On September 17, 1995, damage survey reports (DSRs) 98522 and 91654 were prepared in the amount of $70,529 and $33,982, respectively for the chemicals and energy costs. Both DSRs were ruled ineligible by FEMA Region IX, because both items were considered to be increased utility operating costs rather than emergency protective measures. (Note: FEMA funded the repair of the ocean flap gate under DSR 98651 for $113,004) The first appeals (initially separate) were submitted by the applicant claiming that the excess chemicals used and extra energy costs were a result of the District attempting to protect public health and the environment. The first appeals were denied by Region IX because the costs were for increased expenses required to operate a utility, not for emergency protective measures, and thus were not eligible for FEMA funding. In its second appeal, the District is reiterating its original argument that the increased costs were the result of the District protecting human health and the environment.

Issues:
  1. Was excess chemical usage and energy consumption the result of an immediate threat to life and property, as required to be eligible as emergency protective measures?
  2. Are increased operating costs of a utility eligible for FEMA reimbursement if they are the direct result of a declared disaster?
Findings:
  1. No. The outfall flap gate repair was eligible and was funded, but the increased costs for chemicals and energy were a result of the District maintaining compliance with its permit during a period of higher flow.
  2. No. The Public Assistance Guide clearly states that under category F work, "increases in operating expenses, even if a result of the disaster, are not eligible for funding."
Rationale: Although the discharge of partially untreated wastewater to the ocean, five miles out, is of environmental concern, it does not constitute an immediate threat to life, public safety, or improved property, as required for emergency measures to be eligible. The increased chemicals and energy consumption are clearly increased operating expenses required to maintain compliance with the NPDES permit.

Appeal Letter

December 5, 1997

Mr. Gilbert Najera
Governor's Authorized Representative
Governor's Office of Emergency Services
Disaster Field Office - Public Assistance Section
74 North Pasadena Avenue - West Annex 3rd Floor
Pasadena, California 91103

Dear Mr. Najera:

This letter is in response to your June 20, 1997, transmittal of the Orange County Sanitation Districts' second appeal of damage survey reports (DSRs) 98522 and 91654 under FEMA-1044-DR-CA. The applicant is requesting funds for increased chemical usage and energy consumption.

The high flows of January and February 1995 required high discharge pumping pressures, which caused the ocean outfall flap gate to fail (remain open). This resulted in increased usage of process chemicals needed to maintain discharge compliance, and also led to increased power consumption by the pumps due to higher pumping rates and pressures. These increased costs, though influenced by the disaster, are both considered to be operating expenses of a utility. The Federal Emergency Management Agency (FEMA) Public Assistance Guide clearly states that for category F work (Utilities), increased operating expenses, even if a result of a declared disaster, are not eligible for FEMA funding. In addition, although the discharge of partially untreated wastewater to the ocean, five miles out, was of environmental concern, it did not constitute an immediate threat to life, public safety, or improved property, as required for emergency measures to be eligible for FEMA funding. Therefore, I am denying the appeal.

Please inform the applicant of this determination. The applicant may appeal this determination to the Director of FEMA. The appeal must be submitted through your office and the Regional Director within 60 days of the receipt of this determination.

Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate

cc: Ray Williams
Acting Regional Director
FEMA Region IX