Debris Removal
Appeal Brief
Appeal Letter
Appeal Analysis
Citation: FEMA-1247-DR-PR; Municipality of Mayagüez; Debris Removal; Multiple PWs
Cross-reference: Time Limitations; Debris Removal
Summary: Hurricane Georges severely impacted the Commonwealth of Puerto Rico on September 21, 1998, creating significant scattered debris in the Municipality of Mayagüez (Applicant). The Applicant established three temporary debris storage sites and used private contractors to collect scattered debris and deliver it to the temporary storage sites. The debris contractors were monitored by Applicant employees, who established an internal control system to account for the debris being delivered to the temporary storage sites and calculated the total volume of scattered debris at 344,302 cubic yards. The Applicants contractors billed a total of $9,460,897.76 for debris collection, removal and haulage services. The US Army Corps of Engineers (USACE) then took the debris to a final reduction center in Añasco for disposal. According to the USACE, 8,360 truckloads totaling approximately 175,983 cubic yards of final, concentrated debris were delivered to the Añasco disposal site from Mayagüez. The debris was concentrated because it was compacted by bulldozers. Therefore, an Island-wide, disaster specific compaction factor of 1.37 was used to determine the amount of debris hauled to the site by the Applicant. Using a rate of $26.60 per cubic yard of debris, FEMA calculated an eligible debris volume of 241,096 cubic yards for a total cost of $6,499,525. The Applicant submitted a first appeal on November 23, 1999. However, the GAR forwarded the appeal on June 6, 2000 - a delay of 164 days by the Grantee. This is well beyond the regulatory time of 60 days allowed in 44 CFR §206.206(c)(1). FEMA denied the appeal in a letter dated June 26, 2000, because the Applicant did not submit any documentation to support a change in the compaction factor. Also, the Applicant agreed on the volume and type of debris collected at a March 1999 meeting. The Applicant submitted its second appeal in a letter dated November 22, 2000. However, the GAR forwarded the appeal on February 20, 2004 - a delay of 1,185 days by the Grantee. This is well beyond the regulatory time of 60 days allowed under 44 CFR §206.206(c)(2).
Issues: Was the second appeal submitted within the regulatory timeframe?
Findings: No. The regulations state that the Grantee will review and forward appeals from an applicant or subgrantee, with a written recommendation, to the Regional Director within 60 days of receipt.
Rationale: 44 CFR §206.206 (c)(2)
Hurricane Georges (FEMA-1247) severely impacted the Commonwealth of Puerto Rico on September 21, 1998. The hurricanes heavy rain and high winds generated large volumes of debris in the Municipality of Mayagüez (Applicant). The Applicant established three temporary debris storage sites Buenos Aires Street, Barrio Arriba and the Applicants Public Works area. The Applicant used private contractors to collect scattered debris and deliver it to the temporary storage sites. Applicant employees who established an internal control system to account for the debris being delivered to the temporary storage sites monitored the debris contractors. The U.S. Army Corps of Engineers (USACE) then took the debris to a final reduction center in Añasco for disposal.
The Applicants contractors billed a total of $9,460,897 for debris collection, removal and haulage services. The total amount includes $192,338 in contracts based on hourly rates or lump sum rates and $9,268,559 in volume-based contracts at a rate of $26.60 per cubic yard of debris. The total billing represents that approximately 350,000 cubic yards of scattered debris was collected and transported.
When the material for disposal was trucked to the final reduction center in Añasco, it was denser, or more concentrated, due to a number of factors including repeated handling, compaction, and the effect of additional heavy rain. USACE required 8,360 truckloads to move the final, concentrated debris to the Añasco disposal site. This represents approximately 175,983 cubic yards. FEMA used a fluff or compaction factor of 1.37 to estimate the original, uncompacted, scattered debris volume.
The fluff factor is a common term in debris operations and provides a widely accepted method for back calculation of scattered debris volumes when only the stockpiled debris can be observed. In January 1999, a FEMA contractor calculated a fluff factor of 1.37 based on field observations from the disaster, by comparing observed in-truck volumes with resulting stockpiled volumes. Using the calculated factor, FEMA determined that approximately 241,096 cubic yards of debris was eligible. Total FEMA obligations for the Municipality of Mayagüez debris clearance amounted to $192,527 in contracts based on hourly rates or lump sum bases and $6,306,998 in volume-based contracts at a rate of $26.60 per cubic yard for a total of $6,499,525. Additional debris claimed by the Applicant up to the approximately 350,000 cubic yards billed by the Applicants contractors was found ineligible. The Applicant was informed of this determination at a meeting with FEMA and the GAR on September 23, 1999.
First Appeal
In a letter dated November 23, 1999, the Applicant submitted a first appeal of FEMAs determination of the eligible debris volumes for Municipality of Mayagüez using the 1.37 compaction factor. The basis for the appeal was that an Island-wide compaction factor had been used and that observed conditions in the Applicants debris operations suggested a significantly higher compaction factor locally. The observed conditions included a difference in the type of debris in Mayagüez, the use of heavy equipment to compress the debris and rain effects from particularly heavy rainfall locally. The Applicant included a consultants report on the debris operations. The total amount in dispute was $2,961,372.
The Applicant submitted the first appeal in a timely manner. However, the first appeal was transmitted from the GAR to FEMA on June 6, 2000, some 196 days after receipt from the Applicant, and hence, was not submitted within the 60 days specified at 44 CFR § 206.206(c)(1). FEMA responded on June 26, 2000 by denying the first appeal. FEMA referred to notes from site visits during 1999 where the Applicant, GAR, USACE and FEMA had agreed on the volume and type of debris collected. FEMA contended that the very nature of the debris precluded a compaction factor as high as claimed by the Applicant.
Second Appeal
The Applicants second appeal letter, dated November 22, 2000 provides little additional information other than to assert that proper monitoring by the Applicant at the temporary storage sites had determined that the actual volume of scattered debris collected was 344,302 cubic yards. The Applicant also submitted a report, Fluff Factor Study; Debris Generated During Hurricane Georges by CSA Group Inc. The report challenged the methodology used by FEMA to develop the 1.37 fluff factor and recommended a factor of 1.81 that would support the Applicants claim of approximately 350,000 cubic yards of scattered debris. A number of other documents and reports, including a certification of the use of heavy machinery to compact the debris and a geotechnical exploration study which claims significant debris still buried at two of the sites, were also sent to the GAR by the Applicant in late 2000 and early 2001. The total amount in dispute was $2,961,372.
The GAR forwarded the second appeal on February 20, 2004. This represents a delay of 1,185 days by the Grantee well beyond the 60 days allowed under 44 CFR §206.206(c)(2).
DISCUSSION
The Applicant submitted the first appeal in a timely manner. The regulations state that the Grantee will review and forward appeals from an applicant or subgrantee, with a written recommendation, to the Regional Director within 60 days of receipt. This timeframe allows for the timely and expeditious review and processing of both first and second appeals. However, the GAR failed to forward to appeal to FEMA within the 60 days specified at 44 CFR § 206.206(c)(1). In addition, the GAR failed to meet the 60-day requirement of 44 CFR §206.206(c)(2) when the second appeal was forwarded to FEMA after 1,185 days.
CONCLUSION
FEMA concludes that the neither the Applicants first appeal nor second appeal were forwarded by the grantee in accordance with sections 44 CFR § 206.206(c)(1) and (2). Accordingly, the Applicants appeal is denied.
Appeal Brief
| Disaster | FEMA-1247-DR |
| Applicant | Municipality of Mayaguez |
| Appeal Type | Second |
| PA ID# | 097-00000 |
| PW ID# | Multiple Project Worksheets |
| Date Signed | 2004-07-19T04:00:00 |
Appeal Letter
July 19, 2004
Ms. Melba Acosta, Esq.
Governors Authorized Representative
Government of Puerto Rico
Post Office Box 902-1812
San Juan, Puerto Rico 00936-1812
RE: Second Appeal Municipality of Mayagüez, PA ID# 097-00000, Debris Removal, FEMA-1247-DR-PR; Multiple Project Worksheets
Dear Ms. Acosta:
This is in response to the letter from the State Public Assistance Officer, Carlos Irizarry, dated February 20, 2004, which transmitted the referenced second appeal on behalf of the Municipality of Mayagüez (Applicant). The Applicant is requesting reconsideration of the Federal Emergency Management Agencys (FEMAs) determination of the eligible scattered debris volumes collected and disposed of after Hurricane Georges. The amount in dispute is $2,961,372.
After the hurricane, the Applicant established three temporary debris storage sites and used private contractors to collect and haul the scattered debris. The US Army Corps of Engineers (USACE) then took the debris to a final reduction center in Añasco for disposal. According to the USACE, 8,360 truckloads totaling approximately 175,983 cubic yards of final, concentrated debris were delivered to the Añasco disposal site from Mayagüez. The debris was concentrated because it was compacted by bulldozers. Therefore, an Island-wide, disaster specific compaction factor of 1.37 was used to determine the amount of debris hauled to the site by the Applicant. While the Applicants contractors billed a total of $9,460,897 for debris collection, removal and haulage services, FEMA, using a rate of $26.60 per cubic yard of debris, calculated an eligible debris volume of 241,096 cubic yards for a total cost of $6,499,525.
The Applicant submitted a first appeal on November 23, 1999. However, the GAR forwarded the appeal on June 6, 2000 - a delay of 164 days by the Grantee. This is well beyond the regulatory time of 60 days allowed in 44 CFR §206.206(c)(1). FEMA denied the appeal in a letter dated June 26, 2000, because the Applicant did not submit any documentation to support a change in the compaction factor. Also, the Applicant agreed on the volume and type of debris collected at a March 1999 meeting.
The Applicant submitted its second appeal in a letter dated November 22, 2000. However, the appeal was forwarded by the GAR on February 20, 2004 - a delay of 1,185 days. This is well beyond the regulatory time of 60 days allowed under Title 44 CFR §206.206(c)(2). Accordingly, the Applicants appeal is denied.
Please inform the Applicant of my determination. My decision constitutes the final decision on this matter as set forth in 44 CFR §206.206.
Sincerely,
/S/
Daniel A. Craig
Director
Recovery Division
Emergency Preparedness and Response
cc: Jose A. Bravo
Disaster Recovery Manager
Caribbean Area Office
Ms. Melba Acosta, Esq.
Governors Authorized Representative
Government of Puerto Rico
Post Office Box 902-1812
San Juan, Puerto Rico 00936-1812
RE: Second Appeal Municipality of Mayagüez, PA ID# 097-00000, Debris Removal, FEMA-1247-DR-PR; Multiple Project Worksheets
Dear Ms. Acosta:
This is in response to the letter from the State Public Assistance Officer, Carlos Irizarry, dated February 20, 2004, which transmitted the referenced second appeal on behalf of the Municipality of Mayagüez (Applicant). The Applicant is requesting reconsideration of the Federal Emergency Management Agencys (FEMAs) determination of the eligible scattered debris volumes collected and disposed of after Hurricane Georges. The amount in dispute is $2,961,372.
After the hurricane, the Applicant established three temporary debris storage sites and used private contractors to collect and haul the scattered debris. The US Army Corps of Engineers (USACE) then took the debris to a final reduction center in Añasco for disposal. According to the USACE, 8,360 truckloads totaling approximately 175,983 cubic yards of final, concentrated debris were delivered to the Añasco disposal site from Mayagüez. The debris was concentrated because it was compacted by bulldozers. Therefore, an Island-wide, disaster specific compaction factor of 1.37 was used to determine the amount of debris hauled to the site by the Applicant. While the Applicants contractors billed a total of $9,460,897 for debris collection, removal and haulage services, FEMA, using a rate of $26.60 per cubic yard of debris, calculated an eligible debris volume of 241,096 cubic yards for a total cost of $6,499,525.
The Applicant submitted a first appeal on November 23, 1999. However, the GAR forwarded the appeal on June 6, 2000 - a delay of 164 days by the Grantee. This is well beyond the regulatory time of 60 days allowed in 44 CFR §206.206(c)(1). FEMA denied the appeal in a letter dated June 26, 2000, because the Applicant did not submit any documentation to support a change in the compaction factor. Also, the Applicant agreed on the volume and type of debris collected at a March 1999 meeting.
The Applicant submitted its second appeal in a letter dated November 22, 2000. However, the appeal was forwarded by the GAR on February 20, 2004 - a delay of 1,185 days. This is well beyond the regulatory time of 60 days allowed under Title 44 CFR §206.206(c)(2). Accordingly, the Applicants appeal is denied.
Please inform the Applicant of my determination. My decision constitutes the final decision on this matter as set forth in 44 CFR §206.206.
Sincerely,
/S/
Daniel A. Craig
Director
Recovery Division
Emergency Preparedness and Response
cc: Jose A. Bravo
Disaster Recovery Manager
Caribbean Area Office
Appeal Analysis
BACKGROUNDHurricane Georges (FEMA-1247) severely impacted the Commonwealth of Puerto Rico on September 21, 1998. The hurricanes heavy rain and high winds generated large volumes of debris in the Municipality of Mayagüez (Applicant). The Applicant established three temporary debris storage sites Buenos Aires Street, Barrio Arriba and the Applicants Public Works area. The Applicant used private contractors to collect scattered debris and deliver it to the temporary storage sites. Applicant employees who established an internal control system to account for the debris being delivered to the temporary storage sites monitored the debris contractors. The U.S. Army Corps of Engineers (USACE) then took the debris to a final reduction center in Añasco for disposal.
The Applicants contractors billed a total of $9,460,897 for debris collection, removal and haulage services. The total amount includes $192,338 in contracts based on hourly rates or lump sum rates and $9,268,559 in volume-based contracts at a rate of $26.60 per cubic yard of debris. The total billing represents that approximately 350,000 cubic yards of scattered debris was collected and transported.
When the material for disposal was trucked to the final reduction center in Añasco, it was denser, or more concentrated, due to a number of factors including repeated handling, compaction, and the effect of additional heavy rain. USACE required 8,360 truckloads to move the final, concentrated debris to the Añasco disposal site. This represents approximately 175,983 cubic yards. FEMA used a fluff or compaction factor of 1.37 to estimate the original, uncompacted, scattered debris volume.
The fluff factor is a common term in debris operations and provides a widely accepted method for back calculation of scattered debris volumes when only the stockpiled debris can be observed. In January 1999, a FEMA contractor calculated a fluff factor of 1.37 based on field observations from the disaster, by comparing observed in-truck volumes with resulting stockpiled volumes. Using the calculated factor, FEMA determined that approximately 241,096 cubic yards of debris was eligible. Total FEMA obligations for the Municipality of Mayagüez debris clearance amounted to $192,527 in contracts based on hourly rates or lump sum bases and $6,306,998 in volume-based contracts at a rate of $26.60 per cubic yard for a total of $6,499,525. Additional debris claimed by the Applicant up to the approximately 350,000 cubic yards billed by the Applicants contractors was found ineligible. The Applicant was informed of this determination at a meeting with FEMA and the GAR on September 23, 1999.
First Appeal
In a letter dated November 23, 1999, the Applicant submitted a first appeal of FEMAs determination of the eligible debris volumes for Municipality of Mayagüez using the 1.37 compaction factor. The basis for the appeal was that an Island-wide compaction factor had been used and that observed conditions in the Applicants debris operations suggested a significantly higher compaction factor locally. The observed conditions included a difference in the type of debris in Mayagüez, the use of heavy equipment to compress the debris and rain effects from particularly heavy rainfall locally. The Applicant included a consultants report on the debris operations. The total amount in dispute was $2,961,372.
The Applicant submitted the first appeal in a timely manner. However, the first appeal was transmitted from the GAR to FEMA on June 6, 2000, some 196 days after receipt from the Applicant, and hence, was not submitted within the 60 days specified at 44 CFR § 206.206(c)(1). FEMA responded on June 26, 2000 by denying the first appeal. FEMA referred to notes from site visits during 1999 where the Applicant, GAR, USACE and FEMA had agreed on the volume and type of debris collected. FEMA contended that the very nature of the debris precluded a compaction factor as high as claimed by the Applicant.
Second Appeal
The Applicants second appeal letter, dated November 22, 2000 provides little additional information other than to assert that proper monitoring by the Applicant at the temporary storage sites had determined that the actual volume of scattered debris collected was 344,302 cubic yards. The Applicant also submitted a report, Fluff Factor Study; Debris Generated During Hurricane Georges by CSA Group Inc. The report challenged the methodology used by FEMA to develop the 1.37 fluff factor and recommended a factor of 1.81 that would support the Applicants claim of approximately 350,000 cubic yards of scattered debris. A number of other documents and reports, including a certification of the use of heavy machinery to compact the debris and a geotechnical exploration study which claims significant debris still buried at two of the sites, were also sent to the GAR by the Applicant in late 2000 and early 2001. The total amount in dispute was $2,961,372.
The GAR forwarded the second appeal on February 20, 2004. This represents a delay of 1,185 days by the Grantee well beyond the 60 days allowed under 44 CFR §206.206(c)(2).
DISCUSSION
The Applicant submitted the first appeal in a timely manner. The regulations state that the Grantee will review and forward appeals from an applicant or subgrantee, with a written recommendation, to the Regional Director within 60 days of receipt. This timeframe allows for the timely and expeditious review and processing of both first and second appeals. However, the GAR failed to forward to appeal to FEMA within the 60 days specified at 44 CFR § 206.206(c)(1). In addition, the GAR failed to meet the 60-day requirement of 44 CFR §206.206(c)(2) when the second appeal was forwarded to FEMA after 1,185 days.
CONCLUSION
FEMA concludes that the neither the Applicants first appeal nor second appeal were forwarded by the grantee in accordance with sections 44 CFR § 206.206(c)(1) and (2). Accordingly, the Applicants appeal is denied.
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