If a facility was functioning prior to the disaster and the disaster caused damage that rendered the facility non-functional, the facility may be eligible, provided the predisaster condition was not a significant contributing factor in the cause of failure. The Facility became non-functional after the disaster destroyed the superstructure, pier, deck, and approaches. The Applicant provided documentation demonstrating that the disaster caused damage that rendered the Facility non-functional, and that the Facility’s predisaster condition was not a significant contributing factor in the cause of failure.
The Applicant has demonstrated the work to replace the Facility was required as a result of the declared incident. Therefore, this appeal is partially granted
Stafford Act § 406(a)(1)(A). 44 C.F.R. § 206.223(a)(1). PAPPG, at 51-52, 169. Memphis Light, Gas, and Water, FEMA-4594-DR-TN, at 3-4; Town of Goshen, FEMA-4624-DR-NH, at 4-5.