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Second Appeal Brief
PA ID# 047-29700-00; City of Gulfport
PW ID# 10970; Expansion of Water and Sewer System
Citation: FEMA-1604-DR-MS, City of Gulfport, Expansion of Water and Sewer System, Project Worksheet (PW) 10970
Reference: Codes and Standards, Restoration of damaged facilities
Summary: Storm surge from Hurricane Katrina caused damage to the City of Gulfport’s (Applicant) water and sewer system. In October 2005, FEMA, the Environmental Protection Agency, and the Applicant conducted an assessment of the city’s water and sewer infrastructure system between the CSX Railroad and U.S. Highway 90. The assessment found that all water lines, service connections, meters, meter saddles, meter pits, waste water lines and storm water lines had to be replaced. FEMA prepared PW 10970 in the amount of $20,453,194 to replace the systems to their pre-disaster design. On December 5, 2007, the Applicant submitted a Request for an Improved Project associated with an expansion to the water and sewer system to accommodate future demand for service in Area 3B of the project area within city. In a letter dated August 31, 2009, FEMA determined that the costs to increase the size of the water and sewer lines were not eligible for funding.
The Applicant appealed the determination on November 14, 2009, stating that local zoning codes required the overall capacity of the water and sewer lines to be expanded. The Regional Administrator denied the appeal on May 13, 2010, stating the required increases were in response to zoning codes used to determine capacity requirements, which do not meet FEMA’s requirements for eligible codes and standards.
The Applicant submitted its second appeal in a letter dated July 19, 2010. The Applicant reiterates its position from the first appeal, and clarifies that the engineering design standards set forth by the Mississippi Department of Environmental Quality and the Mississippi Department of Health require the water and sewer systems to be designed at peak flow in order to serve the expected population of the area.
Issue: Are the water and sewer lines eligible for replacement in accordance with the local zoning codes utilized to determine future land use and capacity requirements?
Rationale: Title 44 of the Code of Federal Regulations (44 CFR) §206.226(d)(2), Restoration of damaged facilities, Standards