copied concurrently with the transmission of the TWX report for review.

Subpart F-Emergency Water Supplies Code 910-400

§ 203.71 Purpose.

This chapter provides information, guidance and policy for execution of the Chief of Engineer's authority to furnish emergency supplies of clean drinking water pursuant to Pub. L. 8499, as amended by section 82(2), Pub. L. 93-251 (88 Stat. 34), dated 7 March 1974.

§ 203.72 Authority.

Pub. L. 84-99, as amended, provides that the Chief of Engineers, in his discretion, is authorized to provide emergency supplies of clean drinking water, on such terms as he determines to be advisable, to any locality which he finds is confronted with a source of contaminated drinking water causing or likely to cause a substantial threat to the public health and welfare of the inhabitants of the locality.

§ 203.73 Policy.

Emergency work under this authority will be considered when requested by the Governor of States where the source of water has become contaminated. The contamination may be accidental, deliberate, or caused by natural events. However, loss of the water source or supply is not applicable under this authority. When the emergency water situation becomes known, the involved Division will notify DAEN-CWO-E by telephone.

§ 203.74 Guidance.

(a) The method of furnishing emergency water supplies is not provided for in Pub. L. 84-99, and is left to the discretion of the Chief of Engineers. Any feasible method, including restoration of service from an alternate source when the main source has been contaminated, is authorized.

(b) The scope of work is limited to providing emergency supplies of clean drinking water. The Corps of Engineers role in providing emergency supplies is a temporary measure until the

locality is able to assume its responsibility. The locality is required as soon as possible to actively initiate measures required to resolve the emergency situation.

(c) The authority encompasses all situations involving contaminated sources of drinking water, whether caused by flooding or otherwise.

(d) Failures in the purification or distribution systems are not eligible. A loss of supply or diminishing of the source, due to such things as an earthquake or drought, does not in itself justify Corps activity.

(e) The contamination must cause or be likely to cause a substantial threat to the public health and welfare. An identifiable and defined threat of impairment to the public health and welfare is considered necessary. The allowable contaminant levels in drinking water are set forth by the Environmental Protection Agency pursuant to the Safe Drinking Water Act (Pub. L. 93-523). There is no requirement that actual sickness exists from contaminated water to invoke the authority, but a clear threat must be established.

(f) Contamination which causes a loss of palatability, but poses no material threat to public health and welfare is not eligible for Corps action under this authority.

(g) Contamination, such as by bacteria, which can be reduced to a safe level by the users boiling the water would not be eligible for Corps assistance.

(h) Contamination by natural intrusion over a period of time, which are known to be occurring and which may accumulate in sufficient concentrations to pose a future health threat, but which have not yet reached the level of a present hazard is the responsibility of the locality to correct.

(i) Contamination which, while posing a substantial threat to health and welfare, can be corrected by local authorities or other Federal authorities, or other appropriate means before emergency supplies are deemed necessary will not be eligible for Corps assistance.

(j) A business firm faced with contamination of water used in its process

is not eligible. The drinking water used by the people must be affected before Corps assistance can be applied.

§ 203.75 Delegation of authority.

The authority to approve measures under Code 910-400 "Emergency Water Supplies” is delegated to Division Engineers up to $50,000 per incident. District Engineers are delegated authority up to $2,500 for investigation of each request except NED and POD are authorized up to $5,000. Division Engineers have authority to increase District Engineers authority from $2,500 up to $5,000.

§ 203.76 System rehabilitation.

The authority does not require correcting the contamination, or repair of water systems so that clean drinking water supplies become available again. This is a responsibility of local government and other Federal Programs. Authority is granted, however, to repair the water system in lieu of reverting to a more expensive method of providing clean drinking water. To the extent that a local government can provide water with their own sources, the locality will be excluded from the provision of emergency supplies under Pub. L. 84-99.

§ 203.77 Types of assistance.

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The temporary emergency supplies of clean drinking water may be provided through such actions as:

(a) The use of water tank trucks to haul clean drinking water from a nearby known safe source to water points established for local distribution.

(b) Procurement and distribution of bottled water.

(c) Laying of temporary above ground water lines from a nearby safe source of water to the affected community where water points for local distribution can be established.

(d) Installation of temporary filtration.

(e) Temporary use of military, mobile purification units when available.

§ 203.78 Report Format.

Separate reports should be furnished for each proposed project. The report should detail all information pertinent to the decision to request emergency supplies of drinking water. The report should cover the items listed below and adhere to the following format with respect to main paragraph and subjects, giving consideration to the general topics listed under each paragraph as appropriate. If the main paragraph does not apply, retain it in the report and label it "Not Applicable."

(a) Background. (1) Affected locality and capability.

(2) Requesting governor and State capability.

(3) Cause of contamination.

(4) Documentation of health hazard. (5) Coordination with others.

(b) Alternatives considered.

(c) Proposed action. (1) Method of supply.

ures can be considered. The threat may be established by National Weather Service predictions or Corps of Engineers determinations of unusual flooding from adverse conditions. The threat must be of a nature that if action is not taken immediately, damages will be incurred.

(b) Feasibility. The proposed work should be temporary in nature, must be designed to deal effectively with the specific threat, and be capable of construction in time to prevent dam

ages.

(c) Economic justification. All work undertaken under this category must have a favorable benefit-to-cost ratio. (d) Local cooperation/responsibilities (See Appendix C).

§ 203.84 Areas of application.

Threat of flooding due to:

(a) Failure of flood protection—(1) Federal Constructed—locally operated projects. Work may be undertaken on projects which are in danger of failing and fulfill the eligibility criteria in § 203.83. Work undertaken may be permanent in nature on a Corps constructed locally maintain project, if time allows completion in time to prevent damages.

(2) Non-Federal projects. Flood control work must be technically functional, and designed for a reasonable frequency in order to be eligible.

(b) Channel obstructions—(1) Federal projects. Channel clearance/dredging to restore the original project design capacity is authorized on Federal channel projects that do not have adequate hydraulic capacity to pass predicted flood flows.

(2) Non-Federal Projects. In channels when the hydraulic capacity is not known, clearance work will not be undertaken unless time allows preliminary survey to establish the required capacity. The estimated amount of required additional capacity should be known before beginning any channel work.

(3) Types of obstructions-(i) Ice jams. Advance measures to remove ice jams should always be coordinated with Cold Regions Research and Engineering Laboratory (CRREL). Direct contact between divisions, districts and

CRREL is authorized. The proposed removal operations should have a reasonable chance of success. Consideration should be given to other techniques to prevent flooding such as ice dusting, temporary dikes, sandbagging or other flood fight techniques.

and

(ii) Snags/debris. Snagging clearing as Advance Measures should be limited to removal of definable snags or debris obstructions where water is predicted to impound causing unusual flooding.

(iii) Channel deposits/siltation. Removal of silt, gravel or other channel deposits should only be accomplished only where the hydraulic capacity has been proven by survey to be inadequate to prevent flooding. The provisions of section 404, FWPCA can be waived by the District Engineer if he deems it necessary to expedite the emergency action. (See § 203.55 Permits.)

(c) Snowmelt from abnormal snowpack. Advance measures undertaken to prevent predicted flooding from heavy snowmelt are appropriate when based on measureable conditions. Snow surveys which relate depth of snow and water content as well as soil moisture content are prepared by the Soil Conservation Service, and serve as a reliable indicator along with NWS forecasts. The use of experimental snow sampling devices or techniques are not appropriate under Pub. L. 8499 and should be pursued under R&D programs during non-emergency periods.

(d) Dam failures. (1) Advance Measures are appropriate to relieve the threat of flooding from dam failures when a structure is endangered by a prediction of unusual inflows which will result in catastrophic failure. The cost of measures to be undertaken should be compared with the projected damages if the dam is allowed to fail. Advance Measures could involve dewatering of the impoundment, controlled breaching, or strengthening of the structure, depending on time available, and costs involved. All work should be ceased when the threat has subsided. Restoration or rehabilitation of the structure is a local responsibility.

(2) The Corps should work closely with State and local interests in situations of probable dam failure, to assist in the formulation of an evacuation plan which defines organization, responsibilities, channels of communication, procedures, warning times, etc. These plans should be formulated in a manner which does not arouse unnecessary alarm or controversy. The Corps may participate in preparation of plans for non-Federal interests on a reimbursable basis.

(e) Volcanic eruptions. The authority for a military commander to take immediate action to save human life, prevent human suffering, or to mitigate major property damage or destruction from a disaster condition such as a volcanic eruption is established in Part 502. Advance measures, such as construction of lava deflection barriers or other structures are not eligible under Pub. L. 84-99.

§ 203.85 Advance measures report.

(a) Initial contact. When Advance Measures are appropriate and a recommendation is being prepared, initial division contact with HQDA (DAENCWO-E) should be made by telephone to apprise the staff of the anticipated request for authority and funds.

(b) TWX report. A TWX report is preferable to a letter report since Advance Measures usually require expedited review. However, the use of TWX reporting in no way diminishes the requirement for a comprehensive report as detailed in § 203.85(c). Appropriate sketches, plans or other information not transmittable by TWX will be sent by telecopier concurrently with the TWX transmission. (Use only the DAEN-CWO-E TWX and telecopier numbers.)

(c) Report format. Separate reports should be furnished for each proposed project. The report should detail all information pertinent to the decision to request advance measures. The report should cover the items listed below and adhere to the following format with respect to main paragraph and subjects, giving consideration to the general topics listed under each paragraph as appropriate. If the main paragraph does not apply, retain

it in the report and label it "Not Applicable."

(1) Project background. (i) Authorizing legislation (Federal Projects) and source of funds for non-Federal projects.

(ii) Construction cost.

(iii) Construction start and completion date.

(iv) Date and cost of recent modification.

(v) Project purposes (recreation, reclamation, flood control, shore or hurricane protection, etc.).

(vi) Location.

(vii) General location drawing.

(2) Summary of conditions causing flood threat. (i) Past and current meteorological conditions.

(ii) Predicted meteorological conditions (NWS statement).

(iii) Anticipated hydrology.
(iv) Comparison to historical floods.
(v) Predicted time of flooding.

(vi) Other substantiating information.

(3) Local cooperation and participation. (i) The nature of Advance Measures often requires that special considerations be included in the local assurance agreement to protect the Federal investment. Consideration should be given to including any activity or input by non-Federal interests as part of the formal agreement to insure timely compliance.

(ii) See Appendix C for further details.

(4) Federal involvement. (i) Efforts by other Federal Agencies pursuant to their authorities.

(ii) Efforts by Corps under Pub. L. 84-99 or other authority (dates, amounts, reference outstanding letters, etc.).

(iii) Coordination of Federal agencies (FDAA, USDA, etc.).

(5) Alternative course of action. (i) List alternatives considered with cost, and other basic consideration.

(ii) Appropriate sketches.

(6) Proposed work. (i) Description and reasons for recommended course of action.

(ii) Plan, single sketch or other graphic presentation of reasonably large scale, including cross section if required.

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(iii) Schedule of work items (plans and specs, advertisement period, estimated award, and completion date).

(7) Anticipated damages without proposed work. (i) Description of damage.

(ii) Estimated amount of damages.

(8) Economic justification (see § 203.56). (i) General statement of project economics.

(ii) B/C computation if necessary. (9) Environmental effect. (i) Foreseeable effect of work on environment. (ii) Environmental assessment

negative assessment in file.

or

(10) Permits required. (i) DE's decision on applicability of permit requirement to proposed work (section 404, etc.).

(ii) Justification and documentation that section 404 evaluation has been considered pursuant to EC 1165-2-125 (see § 203.55 Permits).

(iii) Consider section 7 of the Endangered Species Act of 1973 (Pub. L. 93205) (16 U.S.C. 1531-1534).

(iv) Consider ER 1105-2-12 "Archeological Investigation and Salvage Activities."

(11) Request for authority, work allowance, funds. (i) Request for Authority/Increase in authority.

(ii) Request for approval of estimated Federal cost-increase in cost.

(iii) Request for work allowance/increase in work allowance/use of available work allowance.

(iv) Request for funds/transfer of funds.

(v) Civil Works Information System (CWIS number).

flood, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, drought, fire, explosion, or other catastrophe in any part of the United States which requires Federal emergency assistance to supplement State and local efforts to save lives and protect property, public health and safety or to avert or lessen the threat of a disaster.

(2) "Major Disaster” means any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, drought, fire, explosion, or other catastrophe in any part of the United States which, in the determination of the President, causes damage of sufficient severity and magnitude to warrant major disaster assistance under the Act, above and beyond assigned emergency services performed by the Federal Government, to supplement the efforts and available resources of States, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby.

(b) Section 306 cooperation. Section 306 of Pub. L. 93-288 authorizes Federal agencies, when directed, to utilize or lend their resources to provide specific types of assistance. Following are types of assistance the Corps of Engineers may be called upon to render when specifically authorized in mission assignments by FDAA:

(1) Damage assessments and investigations of requests for Presidential declarations.

(2) Damage Survey Reports (DSR's) and Final Inspection Reports (FIR). (3) Provide direct Federal assistance in the following categories:

(i) Performing on public and private lands or waters any emergency work essential for the protection and preservation of life and property including channel clearance and emergency shore protection.

(ii) Clearing and removing debris and wreckage.

(iii) Making repair to restore to service, or replacing public facilities (incuding structures of all types) of State