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Second Appeal Letter
PA ID# 037-91012-00; Los Angeles County Department of Public Works
DSR ID# 08916-08918; Household Hazardous Waste
January 4, 2010
Governor’s Authorized Representative
California Emergency Management Agency
3650 Schriever Avenue
Mather, California 95655
Re: Second Appeal–Los Angeles County Department of Public Works, PA ID 037-91012-00,
Office of Inspector General Audit (Household Hazardous Waste), FEMA-1008-DR-CA,
Damage Survey Reports (DSR) 08916-08918
Dear Mr. McCarton:
This letter is in response to your letter dated May 7, 2009, which transmitted the referenced second appeal on behalf of the Los Angeles County Department of Public Works (Applicant). The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) de-obligation of $373,300 for the collection and disposal of household hazardous waste (HHW).
The Department of Homeland Security Office of Inspector General (OIG) audited $29.1 million in projects FEMA approved for the Applicant. In OIG Audit Report Number DS-05-06, dated July 3, 2006, the OIG questioned $373,300 for the collection and disposal of HHW because it determined that these activities were not directly related to the disaster. FEMA de-obligated the funds based on the OIG’s recommendation. The Acting Regional Administrator sustained this determination on first appeal in a letter dated January 8, 2009.
The Applicant submitted a second appeal letter on March 16, 2009, to the State. The Applicant provided copies of Form 303 Household Hazardous Waste Collection Information that lists the types and quantities of HHW collected at each location and the number of participants at each location as supporting documentation. The Applicant asks that FEMA recognize how the special collection events lessened the immediate threat to the health and safety of the public and grant its second appeal request.
I have reviewed all information that the Applicant submitted with the second appeal and have determined that the information does not support the claim that that the removal of HHW following the Northridge Earthquake eliminated an immediate threat to public health and safety as required by 44 CFR §206.225, Emergency Work. Therefore, I concur with the Acting Regional Administrator’s decision on the first appeal, and deny the second appeal.
Please inform the Applicant of my decision. This determination is the final decision on this matter pursuant to 44 CFR §206.206, Appeals.
Elizabeth A. Zimmerman
Disaster Assistance Directorate
cc: Nancy Ward
FEMA Region IX