FEMA PA APPEAL SHORT SUMMARY & LINKS TO FEMA PA APPEAL WEBSITE

This is in response to a letter from your office dated October 31, 2017, which transmitted the referenced second appeal on behalf of Bay County (Applicant). The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s denial of $866,222.72 in costs pertaining to the removal and disposal of leachate at its landfill. As explained in the enclosed analysis, I have determined that the Applicant has demonstrated that some work was necessary to eliminate an immediate threat due to the amount of leachate causing the hydraulic pressure to exceed the 1 foot maximum. Accordingly, I am partially granting this appeal provided the Applicant can provide the Regional Administrator documentation demonstrating: (1) the hydraulic pressure did not exceed the 1 foot maximum prior to the disaster; and (2) when the immediate threat ceased based on when the hydraulic pressure returned to the 1 foot maximum, and the associated short-term costs for transporting the leachate at a rate of $23.50 per 1,000 gallons. However, costs associated with processing and disposing the leachate remain ineligible increased operating costs. Please inform the Applicant of my decision. This determination is the final decision on this matter pursuant to 44 C.F.R. § 206.206, Appeals.