Eligible Work

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1565-DR
ApplicantVillage of Margaretville
Appeal TypeSecond
PA ID#025-45557-00
PW ID#426
Date Signed2006-04-20T04:00:00
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 FEMA’s 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.
(2) No.


Rationale: 44 CFR § 206.223(a)(1)

Appeal Letter

April 20, 2006

John A. Agostino
Alternate Governor’s Authorized Representative
New York State Emergency Management Office
1220 Washington Avenue
Building 22, Suite 101
Albany, NY 12226-2251

RE: Second Appeal – Village of Margaretville, PA ID No. 025-45557-00, Eligible Work, FEMA-1565-DR-NY, Project Worksheet 426

Dear Mr. Agostino:

This is in response to your letter dated June 3, 2005, transmitting and supporting the referenced second appeal on behalf of the Village of Margaretville (Applicant). The Applicant requests funding for an engineering study and a new well to replace the Fair Street well.

The Federal Emergency Management Agency (FEMA) does not fund testing or engineering studies for the purpose of identifying damages. Pursuant to 44 CFR §206.202, the subgrantee is responsible for identifying and reporting to FEMA all eligible damages resulting from the disaster. Since the only damages reported to FEMA consist of the presence of Guardia lamblia and Cryptosporidium microbial parasites in the well water, which were not present in a testing on April 4, 2004 – several months prior to the disaster event – FEMA is unable to consider a scope of work broader than the treatment of the contaminated water. Therefore, this appeal is denied.

Please inform the Applicant of my decision. The determination constitutes the final decision of this matter pursuant to 44 CFR §206.206.

Sincerely,
/S/
David Garratt
Acting Director of Recovery
Federal Emergency Management Agency

cc: Steve Kempf
Regional Director
FEMA, Region II
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