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Second Appeal Brief
PA ID# 025-45557-00; Village of Margaretville
PW ID# 426; Eligible Work
Citation: FEMA-1565-DR-NY; Village of Margaretville
Cross-reference: Eligible Work
Summary: As a result of Tropical Storm Ivan, the Village of Margaretville (Applicant) experienced severe rainstorms during the period from September 16 24, 2004, causing flooding in the vicinity of the Fair Street Well. Water samples taken after the rainstorm showed evidence of Guardia and microbiological contamination. The Federal Emergency Management Agency (FEMA) approved Project Worksheet (PW) 426 for $5,500 to provide chemical disinfection and biological water quality testing. The Applicant first appealed FEMAs decision by letter dated March 16, 2005, objecting to the disinfection of the well and requesting an engineering study and subsequent installation of a new well to be constructed at an alternate location at a cost of approximately $250,000. The Applicant asserts that the cleaning and sanitizing proposed by FEMA will only allow the well to be used for emergency purposes and would not be a permanent solution to the problem of the well. FEMA denied the first appeal on the basis that the NYS DOH determined the well to be susceptible to contamination prior to the declared event and therefore, a pre-existing condition. The Applicant filed a second appeal by letter dated June 1, 2005, in which it claimed that PW 426 is an unacceptable solution and that FEMA should fund an engineering study to determine the extent of the damages to the well and, if substantiated by the study, build a new well in another location.
Issues: (1) Does FEMA fund engineering studies to determine eligible damages?
(2) Is replacement of the well necessary as a result of the declared disaster event?
Findings: (1) No. It is the responsibility of the applicant to determine damages.
Rationale: 44 CFR § 206.223(a)(1)