Summary: As a result of Hurricane Frances, (FEMA-1545-DR-FL, 09/04/04), the Town of Juno Beach (Applicant) sustained damages associated with downed trees and debris on public and private property. FEMA prepared Project Worksheets (PWs) 3944 and 3947 for a total of $98,494.42 to provide funding for the removal of storm-generated debris from public roadways and facilities. However, FEMA did not authorize funding for debris removal from private property as it did not meet eligibility criteria as stated in 44 CFR 206.224 and 44 CFR 206.223. The Applicant appealed $16,280.00 in costs incurred removing 1329.57 CY of debris from private roads in gated communities. The Applicant submitted a copy of its Solid Waste and Recyclable Collection Services Agreement to demonstrate its legal responsibility for this work in the first appeal letter dated May 27, 2005. The appeal letter also asserts debris was removed from private property to eliminate health risks, minimize hazardous driving conditions, and eliminate impediments to public safety response. In a letter dated November 1, 2005, the Regional Director denied the Applicants appeal stating that the Agreement establishes that the Town may require vegetative waste collection and disposal prior to a storm event, but does not demonstrate the legal responsibility to remove debris from private property. The response also states that the Applicant had not demonstrated that the debris posed a threat to public health and safety. The Town filed a second appeal on March 10, 2006, claiming that its solid waste collection and recycling ordinance provides the Town with the legal responsibility to remove debris from private property, including gated communities.
Issues: 1. Has the Applicant demonstrated that it is the legal responsibility of the Town to remove debris from private property?