Appeal Brief | Appeal Letter | Back
Second Appeal Brief
PA ID# 119-00000; Municipality of Rio Grande
PW ID# 11910; Debris Removal
Citation: FEMA-1247-DR-PR; Municipality of Rio Grande, Debris Removal; Project Worksheet (PW) 11910
Cross-reference: Time Limitations; Debris Removal
Summary: Hurricane Georges impacted the Municipality of Rio Grande (Applicant) in September of 1998, resulting in major disaster declaration FEMA-1247-DR-PR on September 24, 1998. As a result, the Federal Emergency Management Agency (FEMA) prepared PW 11910 on April 19, 2000, for $526,822 to remove approximately 49,530 cubic yards (CY) of debris. The Applicant submitted a first appeal on December 22, 2000, seeking reimbursement of $1,059,000 for the total quantity of debris removed by its contractor (70,600 CY). The FEMA Caribbean Area Office Disaster Recovery Manager denied the appeal on March 9, 2001, because the Applicant claimed reimbursement for non-disaster debris and the quantities did not coincide with previously agreed upon amounts of debris. Also, the Applicant failed to submit the appeal within the 60-day regulatory timeframe. The Applicant submitted its second appeal on October 6, 2003, two and one half years after the first appeal decision and requested reimbursement of $2,503,961 for additional plastic sheeting costs, an adjustment in the compaction factor, ineligible tipping fees, debris already accounted for, and sewage treatment. However, the Applicant requested that the appeal not be processed until it could submit additional information. The Applicant submitted the additional information on April 1, 2004, three years after the first appeal decision and requested an additional $341,595 for debris removal, which it stated that FEMA erroneously under-obligated previously. The State does not support the Applicants appeal for $2,845,556.
Issues: Was the appeal submitted in a timely manner?
Findings: No. The Applicant submitted its second appeal two and one half years after the first appeal decision, well past the 60-day regulatory timeframe.
Rationale: 44 CFR § 206.206(c)(1)