Appeal Brief | Appeal Letter | Back
Second Appeal Brief
PA ID# 057-99057-00; Hillsborough County
PW ID# 2390, 2395, 2397; Debris Removal
SECOND APPEAL BRIEF
Debris Removal, Project Worksheets 2390, 2395, 2397
Citation: FEMA-1561-DR-FL; Hillsborough County (Applicant)
Cross - Cost Overruns, Debris Removal, Debris Monitoring,
Reference Hand-loaded Trucks
Summary: As a result of severe debris from Hurricane Jeanne in Hillsborough County, FEMA prepared Project Worksheets (PW) 2390, 2395, and 2397 for debris removal, transport, and processing. The Applicant completed the debris removal, transport, and processing but appealed determinations by FEMA inspectors that some trucks were filled below capacity and reductions of 50 percent were taken for hand-loaded vehicles. The Applicant requested a first appeal of the debris quantities and debris removal from public property on March 29, 2007. In a letter dated February 27, 2008, FEMA granted $229,257 for the removal of debris from private property because it was a threat to public health and safety, but upheld its disallowance of $941,728 for reduced load capacity associated with hand- loaded vehicles and tower monitor inspection of trucks.
The Applicant submitted its second appeal May 20, 2008. The Applicant requested additional quantities for debris removal in this submission not previously identified. The Applicant submitted a letter of clarification on June 26, 2009, with additional information, but did not refute the issues in question for the second appeal.
Issues: 1. Did the applicant provide information to verify that the truck load capacities were full and the deductions taken for hand-loaded vehicles were incorrect?
2. Are additional debris amounts eligible for reimbursement if not included in the PWs or submitted as an appeal in accordance with 44 CFR 206.206?
Findings: 1. No.
Rationale: 44 CFR §206.206 Appeals; Disaster Specific Guidance (DSG) Memo Number 14, Debris Load Rating of Hand-Loaded Trucks and Trailers, dated October 14, 2004; FEMA RR Policy 9523.12, Debris Operations – Hand-Loaded Trucks and Trailers, dated May 1, 2006; FEMA RR Fact Sheet 9580.203, Debris Monitoring, dated May 3, 2007; FEMA 325, Debris Management Guide, dated July 2007.