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Second Appeal Brief
PA ID# 103-99103-00; St. Tammany Parish
PW ID# 516; Debris Removal Costs
SECOND APPEAL BRIEF
St. Tammany Parish, PA ID 103-99103-00
Debris Removal Costs, Project Worksheet (PW) 516
Citation: FEMA-1603-DR-LA, St. Tammany Parish, Debris Removal Cost,
Project Worksheet (PW) 516
Reference: Legal Responsibility, Debris Removal Cost
Summary: Hurricane Katrina caused damage and deposited debris in St. Tammany Parish. Following the storm, St. Tammany Parish’s (Applicant) contractor removed debris from State highways and roads in some municipalities in the Parish. FEMA prepared PW 516 for $87,894,464 to remove debris from roads located in the unincorporated areas of the Parish. FEMA did not fund debris removal from roads in the incorporated municipalities or state highways under PW 516. FEMA subsequently prepared two other versions to PW 516 providing an additional $30,609,965 for eligible contract costs for debris removal. The Applicant submitted a Request for PW Revision for an additional $486,853 in funding. FEMA denied the Applicant’s request for a version to PW 516, stating that the debris in question was located on State highways and incorporated areas and the legal responsibility of other entities.
In its first appeal, the Applicant argued that the amount of debris was insignificant compared to the volume of the eligible debris removal on the contract. The Applicant also argued that many State highways, townships, and municipalities have irregular borders; therefore, it was difficult for the contractor to ensure that it was removing debris from locations only within the Parish. The Applicant also stated that the cost for its contractor to remove the debris was more cost effective than the published estimates for the United States Corps of Engineers to complete the same work. In addition, the Applicant stated that the Map Book used by FEMA did not include an accurate listing of Parish maintained roads at the time of the disaster. The Acting Regional Administrator denied the Applicant’s first appeal, because the Applicant was not legally responsible for debris removal from State highways or the incorporated municipalities of the Parish. In its second appeal, the Applicant reasserts its argument from the first appeal.
Issue: Has the Applicant demonstrated that it had the legal responsibility to remove debris from State highways and roads in incorporated municipalities?
Rationale: 44 Code of Federal Regulations §206.223(a)(3), General work eligibility