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Murphysboro, Illinois Waste Water Treatment Plant - Vehicular Access Relocation

Appeal Brief Appeal Letter

Appeal Brief

ApplicantIllinois Emergency Management Agency
Appeal Type1st
Date Signed2014-05-14T00:00:00
• Issue
o The City of Murphysboro, Illinois applied for HMGP funding for construction of a new driveway to provide workers’ safe access to the local wastewater treatment plant. Severe and recurrent flooding of the current plant access road causes the plant to be in accessible, except by helicopter or boat, resulting in risk to the workers’ safety. The plant however is outside of the SFHA and has no history of flooding. FEMA Region V denied the request for HMGP funding, based on inadequate information in the application specific to actual road damages or damages to the plant, and the benefit cost analysis (BCA). The City appealed that determination. The appeal was supported by the State. Region V denied the appeal.
• Reason for Denial
o The appeal did not include new information on actual road damages or damages to the plant, nor a revised BCA. No loss of function was identified, since access to the plant was not fully prevented by flooding, and loss of function could not be considered in the BCA.
• Reference(s)
o 44 CFR 206.440 – Appeals; 44 CFR 79, 44 CFR 206.434 – Cost-effectiveness

Appeal Letter

U.S. Department of Homeland Security
536 S. Clark St. 6th Floor
Chicago, IL 60605
 
MAY 1 4 2014
 
Mr. Jonathon E. Monken, Director
Illinois Emergency Management Agency
2200 South Dirksen Parkway
Springfield, Illinois 62703
 
Attn: Mr. Ron Davis, State Hazard Mitigation Officer
 
Re: FEMA-DR-1935-IL --First Appeal Disposition
 
Dear Mr. Monken:
 
On April 24, 2014, FEMA received an appeal from the City of Murphysboro. FEMA previously denied the City of Murphysboro's request to use HMGP regular project funds to construct a new access road to the City of Murphysboro Wastewater Treatment Plant (WWTP). This appeal was not submitted through the State as federal regulations require in 44 CFR Part 206.440. However, FEMA contacted the State Hazard Mitigation Officer in Illinois to ensure State support of this appeal. Since the State supports the appeal, FEMA has accepted receipt of this appeal and reviewed the submitted documentation.
 
The submitted appeal does not include any new information related to actual damages to the current road or WWTP itself. In addition, the appeal did not include a new analysis of the Benefit Cost module to incorporate any additional damages. Therefore, this appeal is denied. The appeal, as well as the original application, did not indicate any loss of function, as plant workers are always able to access the WWTP, although the means by which they arrive at the WWTP might be less than desirable.
 
If the State chooses to appeal this determination, it must review and forward an appeal as outlined in 44 CFR, 206.440 Appeals. The appeal shall contain documented justification suppmting the appellant's position, specifying the monetary figure in dispute and the provisions in Federal law, regulation, or policy with which the appellant believes the initial action was inconsistent. The grantee will review and forward appeals from an applicant or sub-grantee, with a written reconunendation, to the Assistant Administrator for the Mitigation Directorate within 60 days of receipt of this appeal detennination letter.
 
Should you need any assistance or have questions, please have your staff contact Duane Castaldi, at 312 408-5549 or duane.castaldi@fema.dhs.gov.
 
Sincerely,
 
Andrew Velasquez III
Regional Administrator

 

Last updated August 19, 2014