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Second Appeal Summary
PA ID# 059-91108; County Sanitation Districts of Orange County
DSR ID# 98650 ; Ocean Outfall Booster Station, Emergency Protective
Citation: FEMA-1044-DR-CA; County Sanitation Districts of Orange County;
Cross-Reference: Immediate threat, Eligibility, and Emergency work.
Summary: The Ocean Outfall Booster Station (OOBS) consists primarily of five pumps. These pumps are used to pump treated wastewater to an ocean discharge point five miles offshore. During the 1995 winter storms, the OOBS at times pumped well over its design capacity to keep up with incoming flows. This situation caused extensive vibration and high heat in the pumping system. After the storms subsided, the subgrantee hired a contractor to conduct tests on the pumps and determine if any permanent damage to the pumps occurred. Category B damage survey report (DSR) 98650 was originally prepared to cover the costs ($68,566) associated with this testing. During review FEMA determined that there was no damage to the pumps. Therefore, the proposed scope of work was determined to be ineligible. The subgrantee appealed. Denying the first appeal, FEMA stated that there was not sufficient evidence to support that an immediate threat existed that would warrant the system testing as an emergency protective measures. The subgrantee submitted a second appeal, and stated that the disaster caused the OOBS design capacity to be exceeded and that the evaluation of the facility was an emergency protective measure to protect the public health and the environment. The subgrantee contended that if the pumps had been damaged, the treated wastewater would have been discharged into the Santa Ana River, compromising the public health. Therefore, the subgrantee stated that pursuant to 44 CFR 206.225(a)(3), FEMA should consider funding the contractor costs.
Issues: Is pump testing an emergency protective measure?
Findings: Testing of pumps is not an eligible emergency protective measure because there was no specific damage to the pump and no specific threat existed.
Rationale: To be eligible for emergency assistance pursuant to 44 CFR 206.225(a), the subgrantee must demonstrate that the work was performed specifically to lessen an immediate threat to life, public health or safety.