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Second Appeal Brief
PA ID# 033-05000-00; City of Baton Rouge
PW ID# Project Worksheets 4879; Garbage Disposal
FEMA-1603-DR-LA, City of Baton Rouge Project Worksheet (PW) 4879Cross-reference:
Increased Operating Cost Summary:
The Applicant claims that an influx of evacuees from Hurricane Katrina caused a
spike in garbage collection that resulted in an increase of $105,892 in cost. The Applicant maintained its claim that the garbage posed an immediate threat to public health and safety. In addition, the Applicant contends that FEMA misunderstood the documentation submitted with the appeal. FEMA reviewed the documentation and found that the Applicant experienced a one month spike in garbage collection. Data submitted by the Applicant shows that it collected more garbage in May, June and July 2004 than it did in September 2005. After the spike, garbage collection levels returned to normal. If the increase in garbage collection was due to the evacuees, the effect would likely have continued for months following the initial influx. A one month spike is not enough to justify funding the collection when spikes in garbage collection are commonplace. FEMA does not reimburse municipalities for increased operating costs to provide a service after a disaster.
The Regional Director denied the first appeal on October 6, 2006, stating, The Applicant did not experience any extraordinary expense in providing garbage collection, but rather ran under its budgeted collection estimate.Issues:
Will FEMA reimburse an Applicant for increased operating costs?Findings:
Increased operating costs are not an eligible cost under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act. Public Assistance Guide,
FEMA-322, October 1999, page 58.