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Second Appeal Letter
PA ID# 033-05000-00; City of Baton Rouge
PW ID# Project Worksheets 4879; Garbage Disposal
June 30, 2008
Colonel Thomas Kirkpatrick, (Retired)
State Coordinating Officer
Governors Office of Homeland Security and Emergency Preparedness
415 North 15th Street
Baton Rouge, Louisiana 70802
Re: Second Appeal−City of Baton Rouge, PA ID 0033-050000-00, Increased Operating Cost,
FEMA-1603-DR-LA, Project Worksheet (PW) 4879
Dear Colonel Kirkpatrick:
This letter is in response to your letter transmitting the referenced second appeal of the City of Baton Rouge (Applicant) on January 4, 2007. The Applicant is appealing the Department of Homeland Securitys Federal Emergency Management Agencys (FEMA) denial of its first appeal for reimbursement of increased operating costs for garbage collection.
The Applicant requests that FEMA reconsider reimbursing $105,892 for the removal of 5,748.77 tons of additional garbage in September 2005 for a total of 40,392.19 tons which it attributes to the increase in Hurricane Katrina evacuees and asserts that it is not normally performed work. The Applicant stated that it did not budget for the additional garbage. Further, the Applicant asserts that the garbage within the City-Parish posed an immediate threat to life, public health and safety. The Applicant also contends that FEMA misunderstood the data submitted with the first appeal.
Increased costs of operating a facility or providing a service may increase due to or after a disaster. With very few exceptions, these costs are not eligible. Further, the applicant collected greater amounts of garbage in May, June, and July 2004 than it did in September 2005. After the 1-month tonnage spike in September 2005, garbage collection levels returned to normal in October. The garbage collection data from October through December 2005 shows no significant increase over the corresponding months in 2004. If the increase in garbage collection was due to the evacuees, the effect would likely have continued for months following the initial influx of evacuees.
The Regional Director denied the first appeal on October 6, 2006, stating that the Applicant did not demonstrate that the additional cost of garbage collection was the result of mixed debris caused by Hurricane Katrina.
Therefore, the Applicant supplied documentation however; the documentation submitted does not establish that the garbage collected in September 2005 posed an immediate threat to the public health and safety or improved property. FEMA does not reimburse municipalities for increased operating costs. Therefore, the appeal is denied.
Please inform the Applicant of my decision. This determination constitutes the final decision on this matter pursuant to 44 CFR §206.206.
Carlos J. Castillo
Disaster Assistance Directorate
cc: William Peterson
FEMA Region VI