Fillmore City Landfill
Appeal Brief
Appeal Letter
Citation: FEMA 1585-DR-CA, City of Fillmore, Fillmore City Landfill East Side
Cross Reference: Permanent Work
Summary: Winter storms in February 2005 caused the Santa Clara River to erode the embankment along the eastern perimeter of the Fillmore City Landfill. FEMA prepared Project Worksheet (PW) 598 in the amount of $0 because no garbage was exposed at the damaged portion of the berm creating immediate threat to public health and safety and the landfill was an inactive facility and, therefore, ineligible for permanent repairs. In a letter dated January 13, 2006, the City of Fillmore (Applicant) appealed the determination that there was no damage to an eligible facility. The Applicant requested an estimated $12,000 to restore the berm protecting the easetern side of the closed landfill. Region IX granted the Applicants appeal. In a letter dated October 5, 2006, the Applicant submitted a second appeal. The Applicant argues that the authorized restoration of the eastern berm is only a temporary because it will not protect against a 100-year flood.
Issues: Is the berm protecting the eastern side of the closed landfill eligible for 100-year flood protection?
Findings: No. Necessary work to restore the eastern berm to its pre-disaster condition
has been authorized and no applicable code requiring a higher level of repair was cited.
Rationale: 44 CFR §206.206.
Appeal Brief
| Disaster | FEMA-1585-DR |
| Applicant | City of Fillmore |
| Appeal Type | Second |
| PA ID# | 111-24092-00 |
| PW ID# | PW 589 |
| Date Signed | 2007-05-07T04:00:00 |
has been authorized and no applicable code requiring a higher level of repair was cited.
Appeal Letter
Mr. Paul Jacks
Governors Authorized Representative
Governors Office of Emergency Services, Response and Recovery Division
3650 Schriever Avenue
Mather, CA 95655
Re: Second Appeal City of Fillmore; PA ID 111-24092-00
Fillmore City Landfill East Side; FEMA-1585-DR-CA, PW 589
Dear Mr. Jacks:
This letter is in response to your letter dated December 4, 2006, transmitting the second appeal of the City of Fillmore (Applicant). The Applicant is appealing the Department of Homeland Securitys Federal Emergency Management Agencys (FEMA) determination that the Applicants closed landfill is an inactive facility and thus ineligible for permanent repairs.
From February 16, 2005, through February 23, 2005, the Applicant experienced flooding from heavy rains. The Santa Clara River rose and eroded the earthen berm on the eastern perimeter of the closed Fillmore City Landfill. FEMA prepared Project Worksheet (PW) 598 in the amount of $0. There was no immediate threat to public health and safety because no garbage was exposed at the damaged portion of the berm. FEMA also determined that no eligible facility was damaged because the closed landfill was an inactive facility and the erosion of a natural river bank was not eligible under the FEMA Public Assistance program.
The Applicants first appeal, dated January 13, 2006, requested that FEMA fund the estimated cost of $12,000 to replace approximately 1,200 cubic yards of compacted fill that was washed away on the east side of the closed landfill. FEMA determined that the berm protecting the east side of the closed landfill met the definition of facility and the Applicant had the responsibility for repairing the berm. Therefore, FEMA prepared a PW version authorizing $12,000 to restore 1,200 cubic yards of compacted fill to the berm located on the east side of the landfill.
The Applicants second appeal, dated October 5, 2006, asserts that the authorized restoration of the berm protecting the eastern perimeter of the closed landfill only temporarily repaired the berm because the authorized restoration will not provide 100-year flood protection. The Applicant states that the Los Angeles Regional Water Control Board requires the Applicant to provide 100-year protection from flood waters of the Santa Clara River. The Applicant requests permanent work that provides this level of protection.
Based on a review of the information provided, necessary work to restore the berm protecting the eastern side of the closed landfill to its pre-disaster condition has already been authorized. Ventura County Environmental Health Division (EHD), as the Local Enforcement Agency recommended the level of repairs based upon California Code, 27 CA ADC §20750, which requires disposal sites to be kept in a reasonable repair. EHD, in a letter dated October 5, 2006, determined that the reasonable level of repair for the damaged area of the landfill was to a level that could withstand a 100-year flood. EHD did not specifically reference any local code mandating that the damaged area must be repaired to a level that can withstand a 100-year flood event nor did the Applicant demonstrate that the berm was able to withstand a 100-year flood prior to the disaster. Since work to restore the berm protecting the eastern side of the closed landfill has been authorized and the Applicant has not cited an applicable code requiring a higher level of repair, I have determined that the Applicant is not eligible for additional funding. Therefore, I am denying this appeal.
Please inform the Applicant of my decision. This determination constitutes the final decision on this matter pursuant to 44 CFR §206.206.
Sincerely,
David Garratt
Acting Assistant Administrator
Disaster Assistance Directorate
cc: Ms. Nancy Ward
Regional Administrator
FEMA Region IX
Governors Authorized Representative
Governors Office of Emergency Services, Response and Recovery Division
3650 Schriever Avenue
Mather, CA 95655
Re: Second Appeal City of Fillmore; PA ID 111-24092-00
Fillmore City Landfill East Side; FEMA-1585-DR-CA, PW 589
Dear Mr. Jacks:
This letter is in response to your letter dated December 4, 2006, transmitting the second appeal of the City of Fillmore (Applicant). The Applicant is appealing the Department of Homeland Securitys Federal Emergency Management Agencys (FEMA) determination that the Applicants closed landfill is an inactive facility and thus ineligible for permanent repairs.
From February 16, 2005, through February 23, 2005, the Applicant experienced flooding from heavy rains. The Santa Clara River rose and eroded the earthen berm on the eastern perimeter of the closed Fillmore City Landfill. FEMA prepared Project Worksheet (PW) 598 in the amount of $0. There was no immediate threat to public health and safety because no garbage was exposed at the damaged portion of the berm. FEMA also determined that no eligible facility was damaged because the closed landfill was an inactive facility and the erosion of a natural river bank was not eligible under the FEMA Public Assistance program.
The Applicants first appeal, dated January 13, 2006, requested that FEMA fund the estimated cost of $12,000 to replace approximately 1,200 cubic yards of compacted fill that was washed away on the east side of the closed landfill. FEMA determined that the berm protecting the east side of the closed landfill met the definition of facility and the Applicant had the responsibility for repairing the berm. Therefore, FEMA prepared a PW version authorizing $12,000 to restore 1,200 cubic yards of compacted fill to the berm located on the east side of the landfill.
The Applicants second appeal, dated October 5, 2006, asserts that the authorized restoration of the berm protecting the eastern perimeter of the closed landfill only temporarily repaired the berm because the authorized restoration will not provide 100-year flood protection. The Applicant states that the Los Angeles Regional Water Control Board requires the Applicant to provide 100-year protection from flood waters of the Santa Clara River. The Applicant requests permanent work that provides this level of protection.
Based on a review of the information provided, necessary work to restore the berm protecting the eastern side of the closed landfill to its pre-disaster condition has already been authorized. Ventura County Environmental Health Division (EHD), as the Local Enforcement Agency recommended the level of repairs based upon California Code, 27 CA ADC §20750, which requires disposal sites to be kept in a reasonable repair. EHD, in a letter dated October 5, 2006, determined that the reasonable level of repair for the damaged area of the landfill was to a level that could withstand a 100-year flood. EHD did not specifically reference any local code mandating that the damaged area must be repaired to a level that can withstand a 100-year flood event nor did the Applicant demonstrate that the berm was able to withstand a 100-year flood prior to the disaster. Since work to restore the berm protecting the eastern side of the closed landfill has been authorized and the Applicant has not cited an applicable code requiring a higher level of repair, I have determined that the Applicant is not eligible for additional funding. Therefore, I am denying this appeal.
Please inform the Applicant of my decision. This determination constitutes the final decision on this matter pursuant to 44 CFR §206.206.
Sincerely,
David Garratt
Acting Assistant Administrator
Disaster Assistance Directorate
cc: Ms. Nancy Ward
Regional Administrator
FEMA Region IX
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