Debris Management Guide

FEMA 325 - July 2007

FEMA 325 Debris Management Guide - July 2007 (PDF 15MB)

Foreword

The Federal Emergency Management Agency (FEMA) encourages State and local governments, tribal authorities, and private non-profit organizations to take a proactive approach to coordinating and managing debris removal operations as part of their overall emergency management plan.  Communities with a debris management plan are better prepared to restore public services and ensure the public health and safety in the aftermath of a disaster, and they are better positioned to receive the full level of assistance available to them from FEMA and other participating entities.

The core components of a comprehensive debris management plan incorporate best practices in debris removal, reflect FEMA eligibility criteria, and are tailored to the specific needs and unique circumstances of each applicant.  FEMA developed this guide to provide applicants with a programmatic and operational framework for structuring their own debris management plan or ensuring that their existing plan is consistent with FEMA’s eligibility criteria.  This framework:

  1. Identifies and explains the debris removal eligibility criteria that applicants must meet in order to receive assistance under the FEMA Public Assistance (PA) Program
  2. Provides a blueprint for assembling an effective and responsive plan for the entire debris management cycle
  3. Outlines the FEMA Public Assistance debris removal organizational structure and strategy


We encourage local officials to review their community’s vulnerability to a disaster and to consider how to manage large-scale debris clearance, removal, and disposal operations should the need arise.  Your State emergency management agency and the FEMA regional office may provide additional technical assistance in your area.

An electronic version of this guide is available on FEMA’s website at fema.gov.  Because this document is not exhaustive and the provisions are subject to modification, consultation with the State and FEMA may be necessary.

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Table of Contents

Table of Contents     ii  

Part I – Public Assistance Eligibility
Introduction     1

Chapter 1 – Public Assistance Debris Removal Eligibility     3
Public Assistance Grant Program
General Eligibility Criteria

Environmental and Historic Preservation Special Considerations
Duplication of Benefits
Chapter 2 – Costs     13
Applicant Resources
Mutual Aid Agreements
Contract Services
Other Considerations
Additional Contract Requirements

Chapter 3 – Debris Removal from Public Property     21
Eligible Debris Removal
Ineligible Debris Removal
Debris Clearance and Removal Operations
Field Eligibility Determinations
Monitoring Debris Removal Operations
Disposal

Chapter 4 – Private Property Debris Removal and Demolition of
Private Structures     33
Private Party Debris Removal
Demolition of Private Structures
Commercial Property
Duplication of Benefits for PPDR and Demolition

Part II – Debris Management Planning Concepts   Introduction     43   
Chapter 5 – Applicant Roles and Responsibilities     45
Debris Management Staff Organization and Structure
Debris Management Staff Responsibilities
Questions to Consider
To Do Checklist

Chapter 6 – Debris Forecasting for a Design Event     53
Design Disaster Event
Disaster Characteristics 
Land Use and Geography
Forecasting Methods
Questions to Consider
To Do Checklist

Chapter 7 – Debris Collection Strategy     63
Developing a Collection Strategy
Types of Collection Methods
Collecting Hazardous Waste and White Goods
Questions to Consider
To Do Checklist

Chapter 8 – Debris Management Sites      71
Advantages and Disadvantages
Identifying Debris Management Sites
Baseline Data Collection
Environmental Monitoring Program
Permits
Establishment and Operations Planning
Questions to Consider
To Do Checklist

Chapter 9 – Debris Reduction/Recycling Methods and Disposal      83
Methods of Reduction
Final Disposition Operations
Questions to Consider
To Do Checklist

Chapter 10 – Contracted Services     93
Common Misconceptions
Procurement Considerations
General Contract Provisions
Types of Contracts
Questions to Consider

Chapter 11 – Monitoring Debris Removal     105
Debris Monitoring Staff
Debris Monitor Roles
Monitoring Methods for Debris Removal
Special Monitoring Issues
Questions to Consider
To Do Checklist

Chapter 12 – Planning for Private Property Debris Removal and Demolition     117
Labor Resources
Condemnation Criteria and Procedures
Special Use Areas
Questions to Consider
To Do Checklist     

Chapter 13 – Health and Safety Strategy     123

Chapter 14 – Public Information Strategy     125

Assignment of Tasks
Information to be Included
Distribution Strategy
To Do Checklist

Part III – Federal Government Operations     
Introduction     131
Chapter 15 – FEMA Public Assistance Operations     133
Public Assistance Organizational Structure
Public Assistance Staff Roles and Responsibilities
Debris Operations Strategy

Chapter 16 – Other Federal Assistance       139
Authorities of Federal Agencies
FEMA Mission Assignments
Acronyms     145
Terms Used in This Document     147
Appendices     153

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Part I – Public Assistance Eligibility

Introduction

The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C. § 5121, et seq. (hereinafter referred to as the Stafford Act), authorizes the FEMA Public Assistance Program to award Federal funding to State and local governments, Federally recognized tribes, and eligible private non-profit organizations in order to assist them in their disaster response and recovery activities.  Specifically, the Program provides assistance for debris removal, implementation of emergency protective measures, and permanent restoration of eligible facilities and infrastructure. 

A fundamental goal of the Public Assistance Program is to ensure that everyone shares a common understanding of the Public Assistance Program policies and procedures.  To support this goal, FEMA has undertaken an effort to provide its State, tribal, and local partners with more and better information about the Public Assistance Program.  Part I describes the Public Assistance Program’s basic debris eligibility criteria and is intended to be a reference for planning and recovery purposes.

This document provides a summary of the eligibility criteria specifically for debris removal operations.  For a more comprehensive understanding of the Public Assistance Program, additional information regarding FEMA Public Assistance policies, Fact Sheets, and guidance materials, including FEMA 321 – Public Assistance Policy Digest, FEMA 322 – Public Assistance Guide, and FEMA 323  – Public Assistance Applicant Handbook, can be obtained online at fema.gov.

Chapter 1 – Public Assistance Debris Removal Eligibility

Public Assistance Grant Program

The Federal government may provide grants through the Public Assistance Program to reimburse the response and recovery efforts of an applicant (State and local governments, and certain private non-profit organizations) for Presidentially declared disasters.  To receive supplemental disaster assistance under the Public Assistance Program, applicants must meet FEMA eligibility criteria.

An applicant may conduct debris operations in any manner it deems appropriate.  However, only costs associated with applicants, facilities, and work deemed eligible according to FEMA eligibility criteria and complying with special consideration requirements are reimbursed under the Public Assistance Program.  Therefore, these eligibility criteria and special consideration requirements should be taken into consideration by the applicant when developing its debris management plan. 

General Eligibility Criteria

Definition of Eligibility

Eligible means qualifying for and meeting the stipulated requirements of the Public Assistance grant.  The term eligible can be applied to applicants, facilities, work, and costs. 

Eligibility is based on a hierarchy of statute, regulations, policies, fact sheets, guidance documents, and disaster-specific documents:

The terms ineligible or not eligible are used to indicate the applicant, facility, work, or cost does not qualify for a Public Assistance grant. 

Grantee/Subgrantee

Grantee means the government, usually the State, to which a grant is awarded by the Federal government and is accountable for the use of the funds provided.

Subgrantee (applicant) is the entity to which a subgrant is awarded and is accountable to the grantee for the use of the funds provided.  Four types of subgrantees are eligible for Public Assistance grants:

  1. State government agencies, such as:
    • State department of transportation
    • State environmental resources agency
    • State parks agency

  2. Local governments, such as:
    • Towns, cities, counties, boroughs
    • Municipalities, townships
    • Local public authorities

  3. Private Non-Profit (PNP) organizations or institutions that own or operate facilities that provide certain services otherwise performed by a government agency.  Eligible facilities are limited to:
    • Educational
    • Emergency
    • Medical
    • Utility
    • Custodial care
    • Irrigation
    • Other essential governmental services, which are open to the general public and do not fall into one of the categories described above include community centers, rehabilitation facilities, homeless shelters, libraries, museums, senior citizen centers, shelter workshops, zoos, performing arts facilities, community arts centers, and health and safety services of a governmental nature.

  4. Federally recognized Indian Tribes or authorized tribal organizations and Alaskan Native village organizations.  This does not include Alaska Native Corporations, which are owned by private individuals.  Indian Tribal Governments may serve as a grantee instead of a subgrantee.

Since this document speaks specifically to debris issues, it is assumed the city, county, township, or other governing body will take responsibility for planning and implementing the debris operations.  The terms “jurisdiction” and “governing body” are used to indicate the eligible applicant planning or implementing the debris management operation. 

Facility

A facility is any publicly or privately owned building, works, system, or equipment, built or manufactured, or an improved and maintained natural feature.  Land used for agricultural purposes is not an eligible facility.  The eligible facility must be located in the designated disaster area and must be the legal responsibility of an eligible applicant. 

Work

FEMA characterizes work eligible for Public Assistance grants as either emergency or permanent work.  These are classified into seven different categories identified by letters A through G.  This document discusses only emergency work, Category A – Debris Removal and Category B – Emergency Protective Measures.  To be eligible, an item of work must meet all of the following:

Public Interest

Eligible debris work must be in the public interest, which is defined as work necessary to meet the following:

Reasonable Cost

A reasonable cost is defined by the Office of Management and Budget (OMB) Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments and Circular A-122, Cost Principles for Non-Profit Organizations, as a cost which in its nature and amount does not exceed that which would be incurred by a prudent person under the circumstance prevailing at the time the decision was made to incur the cost.  Considerations include evaluating historical costs for similar work, analyzing costs for similar work in the region, reviewing published unit cost data for the work, or comparing costs with the FEMA Schedule of Equipment Rates and Cost Codes.  The source of costs may include: the applicant’s force account labor, equipment, and materials; contracted services; and mutual aid agreements.  Costs are discussed further in Chapter 2, Costs.

Environmental and Historic Preservation Special Considerations

State and local regulations, laws, and ordinances need to be addressed and followed for all environmental and historic preservation issues.

FEMA uses the term “special considerations” to describe issues other than basic program eligibility that affect the scope of work and funding for a project.  Applicants have a critical role in identifying and resolving special considerations issues.  The applicant should assist FEMA by identifying the issues as early as possible and providing the information necessary for review.  A brief description of environmental and historic preservation special considerations that relate to debris operations are set forth below.

National Environmental Policy Act

The National Environmental Policy Act (NEPA) requires every Federal agency to follow a specific planning process to ensure that agency decision-makers and applicants have considered and the general public is fully informed about, with the opportunity to comment on, the environmental consequences of a Federally funded action.  This review and consultation process is used to evaluate the impact a project and its alternatives may have on the environment.  The review process required by NEPA is usually the vehicle through which FEMA addresses other environmental laws and regulations; however, FEMA is provided with statutory exclusions under Section 316 of the Stafford Act.  These exclusions exempt certain actions from the NEPA review process and generally include debris removal, clearance of roads, and demolition of unsafe structures.  If an action is not statutorily excluded, the appropriate level of NEPA review must be determined.  FEMA makes the statutory exclusion determinations. 

It should be noted that compliance with other individual laws such as the Endangered Species Act, the National Historic Preservation Act, the Clean Air Act, and the Clean Water Act is still required, even when a project is statutorily excluded from NEPA review.  Environmental laws and regulations that may impact debris operations are briefly described in the following sections. 

Clean Water Act

The Clean Water Act (CWA) establishes the basic structure for regulating discharges of pollutants into the waters of the United States.  It makes it unlawful for any person to discharge any pollutant from a specific source into navigable waters, unless a permit was obtained under its provisions.  Through Section 404 of CWA, permits are required to discharge dredged and fill materials into waters of the United States, including wetlands.

Section 402 of CWA implements the National Pollutant Discharge Elimination System, which establishes a permit program controlling water pollution by regulating point sources that discharge pollutants into the waters of the United States.

Debris removal projects such as dredging, demolition, and construction and operation of sites used for debris management must comply with the requirements of CWA as administered by the Federal, State, or local regulatory agency.

Clean Air Act

The Clean Air Act was established to protect the nation’s air through the reduction of smog and atmospheric pollution.  Several State and local governments have enacted similar legislation, either implementing Federal programs or implementing more stringent air quality requirements within their jurisdictions.

Projects that are funded under the Public Assistance Program such as debris clearance, removal, disposal, recycling, reduction, and demolition, must comply with the air quality standards required by the Federal, State, or local regulatory agencies.

Coastal Barrier Resources Act

The Coastal Barrier Resources Act (CBRA) restricts Federal expenditures and financial assistance that encourage development of coastal barriers so that damage to property, fish, wildlife, and other natural resources associated with the coastal barrier is minimized.  Coastal barriers are located along the Atlantic and Gulf Coasts and along the Great Lakes.  They are identified on FEMA’s Flood Insurance Rate Maps as Coastal Barrier Resources System (CBRS) units. 

Costs for debris removal and emergency protective measures in designated CBRS units may be eligible for reimbursement under the Public Assistance Program provided the actions eliminate an immediate threat to lives, public health and safety, or protect improved property. 

Resource Conservation and Recovery Act

The Resource Conservation and Recovery Act (RCRA) requires safe disposal of waste materials, promotes the recycling of waste materials, and encourages cooperation with local agencies.  It applies to disposal of disaster-generated debris and is of particular concern when hazardous materials may be present.

Endangered Species Act

The Endangered Species Act (ESA) prohibits Federal actions that cause unnecessary harm to species listed as threatened or endangered, or the destruction or adverse modification of the habitat for these species.  Endangered species include mammals, fish, birds, reptiles, and amphibians, as well as plants and insects.  If a project involves the known habitat of a threatened or endangered species, FEMA must consult with the United States Fish and Wildlife Service and the National Marine Fisheries Service before approving funding for that project.

National Historic Preservation Act

The National Historic Preservation Act (NHPA) requires Federal agencies to take into account the effects of their undertakings on historic properties.  Federal agencies must consult with parties who have an interest in the effects of the undertaking in order to identify the affected historic properties, assess the effect of the undertaking on historic properties, and seek ways to avoid, minimize, or treat any adverse effects on historic properties.  FEMA complies with NHPA and its implementing regulations in 36 CFR Part 800, either by executing Statewide programmatic agreements or by following standard regulatory procedures, commonly referred to as the Section 106 Process.

Historic properties include districts, buildings, structures, objects, landscapes, archaeological sites, and traditional cultural properties that are included in, or eligible for inclusion in, the National Register of Historic Places.  These properties are not just old buildings or well-known historic sites, but places important in local, State, or national history.  Facilities as diverse as bridges and water treatment plants may be considered historic.  The National Register of Historic Places is a list of recognized historic properties.  However, this list is not complete, and States may have additional properties with historic significance.  Through the use of programmatic agreements, FEMA has delegated the identification and evaluation tasks to State Historic Preservation Officers (SHPO) in many States.

Coastal Zone Management Act

The Coastal Zone Management Act (CZMA) encourages the management of coastal zone areas and provides grants to be used in maintaining coastal zone areas.  It requires that Federal agencies be consistent in enforcing the policies of State coastal zone management programs when conducting or supporting activities that affect a coastal zone.  It is intended to ensure that Federal activities are consistent with State programs for the protection and, where possible, enhancement of the nation's coastal zones.

Fish and Wildlife Coordination Act

The Fish and Wildlife Coordination Act authorizes the United States Fish and Wildlife Service to administer programs for the planning, development, maintenance, and coordination of State wildlife resource conservation and rehabilitation.  If a proposed project would destroy wildlife habitat or modify a natural stream or body of water, it requires an evaluation of that action’s impact on fish and wildlife.

Wild and Scenic Rivers Act

The Wild and Scenic Rivers Act (WSRA) was established by Congress to preserve selected rivers in its free-flowing condition in order to protect the water quality and fulfill other national conservation purposes.  These rivers are considered protected, much like a national wildlife refuge.  Federal agencies may not fund projects that would have a direct and adverse effect on the values for which a river was designated.  If a proposed project is located on a river designated as wild and scenic, FEMA must review it for compliance with WSRA.

Executive Orders

In addition to the laws described above, several Executive Orders (EOs) issued by the President also affect Public Assistance Program projects.  The EOs that most frequently affect the Public Assistance Program are the following:

EO 11988 requires Federal agencies to undertake certain responsibilities for floodplain management.  FEMA’s procedures for complying with this EO are outlined in 44 CFR Part 9.

EO 11990 outlines the protection of wetlands and requires a planning process that considers alternatives and evaluates impacts to wetlands.  The process for complying with this EO is similar to that for complying with EO 11988 and is outlined in 44 CFR Part 9.

EO 12898 requires Federal agencies to evaluate actions for disproportionately high and adverse effects on minority or low-income populations and to find ways to avoid or minimize these impacts where possible.  Field personnel should identify any neighborhoods or communities with minority or low-income populations.

Duplication of Benefits

In accordance with Section 312 of the Stafford Act, no applicant will receive assistance for any loss for which financial assistance has been received under any other program or from insurance or from any other source.  Therefore, the use of Federal or State funds, insurance settlements, and other grants or cash donations granted for the same purpose constitutes a duplication of benefits.

Other Federal Agencies

If another Federal agency has the authority to provide an applicant with assistance for debris removal operations, FEMA cannot provide funds for that project.  Applicants should pursue funding assistance offered through those agencies. 

The Federal Highway Administration (FHWA), United States Army Corps of Engineers (USACE), National Resources Conservation Service (NRCS), Environmental Protection Agency (EPA), Department of Housing and Urban Development (HUD), and United States Coast Guard (USCG) may provide assistance to applicants for certain debris removal activities.  Applicants must become aware of the agencies’ roles, responsibilities, and jurisdictions to ensure a duplication of benefits does not occur between other Federal agencies and FEMA.  Descriptions of other Federal agencies and their programs are found in Appendix G, FEMA RP9580.202, Fact Sheet: Debris Removal - Authorities of Federal Agencies.

Insurance Settlements

Insurance policies that include coverage for debris removal activities are potentially a duplication of benefits.  The applicant should contact its insurance provider for a statement of loss to determine the amount of insurance settlement related to debris removal.  The insurance settlement is reflected in the Public Assistance grant as a line-item credit against the eligible cost for the project.

Similarly, applicants should be aware that some residents within a declared disaster area may obtain funds for removing debris from their property through their homeowner insurance or under the FEMA Individual Assistance (IA) Program.  Should residents receive funds under the IA Program or insurance proceeds for the removal and disposal of debris from their properties, but also place debris at the curbside rights-of-way, the applicant should make a concerted effort to collect the proportionate cost of the curbside removal from those residents in an effort to comply with Section 312 of the Stafford Act.

While FEMA understands that this could become an arduous task, applicants can put in place protocols to inform residents that receiving a benefit for the same purpose from the Federal government or any other source is in violation of Federal law.

When applicants receive reimbursements from residents for the cost of curbside collection, applicants are required to report the total amount of proceeds collected from those residents to FEMA.  The Federal share of the Public Assistance grant is calculated after the reimbursement proceeds are reduced from the total cost of the curbside collection. 

Salvage Value

Applicants may choose to recover materials from disaster debris for beneficial uses.  Applicants may sell materials such as metals, woody debris, concrete, masonry, or other types of debris to recyclers, to the construction or agricultural industry, or to energy generators.  The salvage value for various recyclable or reusable debris materials depends on the regional recycling markets.

Applicants that sell disaster debris for a salvage value must offset the cost of the eligible debris removal work by the revenues received from the sale of the debris.  Applicants must document and report to FEMA the revenues obtained through the sale of debris materials.  Public Assistance grant funding is limited to the Federal share of the difference between the amount of revenue received and the cost of the debris removal.

Applicants that contract for debris removal may allow the contractor to take possession of the recoverable debris materials.  This type of agreement must take into account the salvage value, and the applicant should negotiate a credit to reflect this value within the terms of the contract.  The sale of the recoverable disaster debris materials should offset the cost of the contracted services.

Chapter 2 – Costs

Applicant Resources

Eligible work accomplished with an applicant’s own labor, equipment, and materials may be funded under the Public Assistance Program.  An applicant’s employees’ labor and an applicant’s equipment are called force account labor and force account equipment, respectively.  It is important for the applicant’s staff to document hours worked and equipment used to complete the eligible work. 

Labor

For debris removal work, overtime labor costs (including benefits) are eligible for permanent employees, reassigned employees, and seasonal employees used during the season of anticipated employment.  The cost of straight-time labor costs (including benefits) of an applicant's permanently employed personnel are not eligible in calculating the cost of eligible emergency work, which includes debris removal.  Straight-time and overtime is determined in accordance with an applicant’s pre-disaster policies, which should be applied consistently in both disaster and non-disaster situations. 

Both straight-time and overtime labor costs are eligible for non-budgeted employees assigned specifically to perform emergency work. 

Please refer to Appendix G, FEMA RP9525.7, Labor Costs - Emergency Work for specific eligibility guidance regarding labor costs for permanent, temporary, essential, reassigned, and seasonal employees.

Equipment

Reimbursement for the use of force account equipment is limited to the time the equipment is actually in use.  Standby and idle time are not eligible for Public Assistance grant funding.

Force account equipment may be reimbursed at an hourly rate.  This hourly rate typically includes the operation, depreciation, maintenance, and fuel for that particular piece of equipment, but does not include operator labor cost.  FEMA publishes a FEMA Schedule of Equipment Rates, which is available online at fema.gov. 

FEMA may recognize State equipment rates.  Applicants that use rates established under State guidelines in their normal day-to-day operations may use State rates up to $75 per hour upon Public Assistance Program approval of the cost development methodology.  Rates over $75 per hour may be approved by FEMA on a case-by-case basis. 

FEMA may also recognize an applicant’s use of rates developed by a local government in their normal day-to-day operations.  Reimbursement is based either on the local rates or the FEMA Schedule of Equipment Rates, whichever is less.  If the local rate is lower and the applicant certifies that the local rate does not reflect the actual cost, the FEMA Schedule of Equipment Rates may be used.

Documentation

Appendix C, FEMA Forms are frequently used to document work completed with force account labor and equipment.  The FEMA summary record forms provide the minimum information required for Public Assistance grant reimbursement consideration.  These summary record forms are not required forms; the applicant may use its own forms or accounting summary, or alter the FEMA forms to fit its needs, as long as the minimum information required is provided. 

Applicants are required to maintain source documentation such as timesheets, work logs, and equipment use sheets, that show the work was disaster-related and support the hours claimed on the force account summary forms submitted for the project.

Mutual Aid Agreements

Applicants may have agreements with other jurisdictions and agencies for the provision of debris management services in the event of an emergency.  The employees of the entity providing supplemental assistance are considered as extra hires or contract labor; therefore, both straight-time and overtime are eligible.  FEMA will reimburse mutual aid costs provided that:

FEMA RP9523.6, Mutual Aid Agreements for Public Assistance and Fire Management Assistance contains additional information on mutual aid agreements and is available online at fema.gov.

Contract Services

An applicant may hire a contractor to perform such work as debris clearance, removal, disposal, reduction, recycling, and/or monitoring.  Public Assistance grant funding is limited to the scope of work necessary to remove debris that is an immediate threat to life, public health and safety, or poses an immediate threat of significant damage to improved public or private property.  Moreover, the costs must be reasonable for the respective scope of work in order to be eligible for Public Assistance grant reimbursement.  The procurement of the contract is subject to all provisions of 44 CFR Part 13.  The full text of 44 CFR Part 13 is available online through the United States Government Printing Office at gpoaccess.gov.

Appendix G, FEMA RP9580.4, Fact Sheet: Debris Operations - Clarification: Emergency Contracting vs. Emergency Work should be reviewed by the applicant and taken into consideration when soliciting contractors.

Contracts must be of reasonable cost, generally must be competitively bid, and comply with Federal, State, and local procurement standards.  FEMA will reimburse only fair and reasonable costs of any contract an applicant enters into.  An applicant must consider costs, conflicts of interest, and all Federal, State, and local laws and regulations when hiring a contractor.

Compliance with local procurement practices and the procurement competition requirements specified in 44 CFR Part 13.36 are essential to successfully receiving Public Assistance grant funding.  The Federal procurement regulations ensure that applicants procure contracts in a manner that provides full and open competition, and provide financial and record-keeping requirements.  In addition, applicants should maintain a written code of standards for conduct governing the performance of employees, officers, or agents who select and award contracts.

It is important that applicants secure contracts with reputable and qualified licensed contractors.  Applicants should conduct reference checks on a contractor’s history of performance with the State’s contractor licensing board and with the contractor’s previous clients before awarding contracts.  Appendix G, FEMA RP9580.201, Fact Sheet: Debris Removal - Applicant’s Contracting Checklist is provided as guidance to assist Public Assistance applicants in the procurement process.

Competition

Pursuant to 44 CFR Part 13.36(c)(1), applicants may not restrict the bidding in order to disqualify a population of bidders.  Some of the situations considered to be restrictive of competition include, but are not limited to:

Applicants who have prequalified lists of persons, firms, or products must keep such lists current in order to ensure open and free competition during the bidding process, in accordance with 44 CFR Part 13.36(c)(4), which states:

“Grantees and subgrantees will ensure that all prequalified lists of persons, firms, or products which are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition.  Also, grantees and subgrantees will not preclude potential bidders from qualifying during the solicitation period.”

Methods of Procurement

An applicant may request that FEMA review its procurement process to determine whether the process meets the standards set forth in 44 CFR Part 13.36. 

FEMA finds the following four methods of procurement acceptable:

Small purchase procedures procurement, an informal method for securing services or supplies that do not cost more than $100,000 by obtaining several price quotes from different sources.

Sealed bids procurement, a formal method where bids are publicly advertised and solicited, and the contract is awarded to the responsible bidder whose proposal is the lowest in price.  This method is the preferred method for procuring construction contracts.

Competitive proposals procurement, a method similar to sealed bid procurement in which contracts are awarded on the basis of contractor qualifications instead of on price.  This method is often used for procuring architectural or engineering professional services.  In addition, this method normally involves more than one source submitting an offer and is used when conditions are not appropriate for sealed bids.

Noncompetitive proposals procurement, a method whereby a proposal is received from only one source.  Noncompetitive proposals should only be used when the award of a contract is not feasible under small purchase procedures, sealed bids, or competitive proposals, and one of the following circumstances applies:

FEMA strongly discourages applicants from using a noncompetitive contract for debris removal operations.  A contract may be regarded as noncompetitive if the applicant has only one responsive bidder.  In this case the applicant is required to comply with 44 CFR Part 13.36(f), which states in part:

“…A cost analysis will be necessary when adequate price competition is lacking, and for sole source procurements, including contract modifications or change orders, unless price reasonableness can be established on the basis of a catalog or market price of a commercial product sold in substantial quantities to the general public or based on prices set by law or regulation.  A price analysis will be used in all other instances to determine the reasonableness of the proposed contract price.”

Applicants are required by 44 CFR Part 13.36(f)(2) to negotiate profit as a separate element of the price for each contract in which there is no price competition and in all cases where cost analysis is performed.  Consideration shall be given to the complexity of the work performed, risk borne to the contractor, contractor’s investment, amount of subcontracting, quality of the contractor’s record of past performance, and industry profit rates in the surrounding geographical area for similar work.

Types of Contracts

FEMA provides reimbursement for four types of contracts:

Lump sum contracts, for work within a prescribed boundary with a clearly defined scope and a total price

Unit price contracts, for work done on an item-by-item basis with cost determined per unit

Cost-plus-fixed-fee contracts, either lump sum or unit price contracts with a fixed contractor fee added into the price

Time-and-materials contracts, where the contractor bills the applicant for labor, equipment, materials, and overhead.  These contracts should be avoided, but may be allowed for work that is necessary immediately after the disaster has occurred when a clear scope of work cannot be developed.  Time-and-materials contracts are allowed in circumstances when they are more cost-effective and appropriate for the amount and type of eligible work to be performed.  The costs must be reasonable for the type of work required.  Applicants must engage in comprehensive active monitoring activities to ensure contractor efficiency.  Typically, FEMA will reimburse for only 70 hours of a time-and-materials contract.  If a time-and-materials contract is awarded, the applicants must:

After 70 hours of work, the applicant should have sufficient information on the scope of work necessary to complete debris collection and disposal, and on a basis for estimating a reasonable cost for the contract work, to effectively solicit a lump sum or a unit price contract.  For some types of debris work where time-and-materials contracts may be the most cost-effective and the most well-suited to the type of work, applicants should work closely with the State and FEMA when awarding the time-and-materials contracts to ensure eligibility requirements are met.   

Other Considerations

Contract Scope of Work Recommendations

The contract scope of work should reference “eligible work,” “work eligible under FEMA Public Assistance regulations, policies, and guidance,” “work performed on public property and/or public rights-of-way,” or other similar elements.

Piggyback Contracts

FEMA does not favor “piggyback contracts.”  Applicants have used piggyback contracts on occasion to have disaster-related work performed by another jurisdiction’s contractor.  The variables associated with the scope of work and costs generally make this an option to be avoided.  The competitive procurement requirements of 44 CFR Part 13 are also a prime concern.  If FEMA encounters a request for reimbursement of costs derived from such a contract, the reimbursable costs for eligible work will be based on reasonableness. 

Prohibited Contracts

In accordance with 44 CFR Part 13.36(f)(4), cost plus percentage of cost contracts shall not be used.  Use of such contracts may result in FEMA limiting the Public Assistance grant to an amount determined to be reasonable based on the eligible work performed. 

Contracts that are awarded by an applicant to debarred contractors are prohibited pursuant to 44 CFR Part 13.35; thus, no Federal funding can be awarded for eligible work completed.

Additional Contract Requirements

Contract payment provisions should address the obligations between parties to the contract only and not include any language that makes payment to the contractor contingent upon the applicant’s receipt of funding from FEMA.

All contracts in excess of $10,000 must contain a provision for termination for cause and for convenience by the applicant, including the manner by which it will be effected and the basis for settlement, according to 44 CFR Part 13.36(i)(2).

For contracts over $100,000 the applicant must have the following minimum bonding requirements, in accordance with 44 CFR Part 13.36(h):

In accordance with 44 CFR Part 13.36(b)(8):

“Grantees and subgrantees will make awards only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement.  Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources.” 

Documentation requirements are specified in 44 CFR Part 13.36(b)(9) and include, but are not limited to, rationale for the procurement method, contract type, contractor selection or rejection, and the basis for contract price. 

For additional contracting information, refer to Appendix G, FEMA RP9580.201, Fact Sheet: Debris Removal - Applicant’s Contracting Checklist.

Chapter 3 – Debris Removal from Public Property

This chapter discusses debris operations on public property and public rights-of-way.  Applicants should document locations, conditions, and special circumstances of the debris prior to removal.  This chapter includes preferred documentation information and requirements.  Proper documentation enables an applicant to fully account for costs incurred in the event that Federal disaster assistance is made available. 

Eligible Debris Removal

Eligible debris removal work under the Public Assistance Program must meet the following criteria:

Ineligible Debris Removal

The following are not eligible for FEMA assistance under the Public AssistanceProgram:

Debris Clearance and Removal Operations

Debris removal operations generally occur in two phases:  (1) initial debris clearance activities necessary to eliminate life and safety threats; and (2) debris removal activities as a means to recovery.  Whether the work was performed using an applicant’s own resources or by contractors, documentation is necessary for Public Assistance grant consideration. 

An applicant’s initial response phase of the debris operation may begin during the disaster event.  Crews may be activated to clear debris on emergency access roads; usually this is vegetative debris that is cut and tossed to the rights-of-way.  The purpose is to eliminate an immediate threat to lives, and public health and safety.  The transition period from initial clearance activities to debris removal depends on the magnitude of disaster impact.  Typically, the debris removal recovery phase begins after the emergency access routes are cleared and police, firefighters, and other first responders have the necessary access. 

Often residents begin clearing disaster debris from their properties and placing it on the public rights-of-way.  If the property owners move the disaster-related debris to a public right-of-way, an applicant may be reimbursed for debris pickup, haul and disposal from the right-of-way for a limited period of time.  If an applicant does not have the legal responsibility to maintain a right-of-way, then debris removal from that right-of-way is not eligible for reimbursement.

Field Eligibility Determinations

To assist in implementation of the Public Assistance Program and the applicants’ understanding of it, FEMA has established specific eligibility guidance for debris.  This section addresses the most common eligibility issues for various types of debris and recommends documentation for Public Assistance grant consideration.  Consultation with the State and FEMA is advised for scenarios not addressed within this section.

Only FEMA has the authority to make eligibility determinations for Public Assistance grant funding; contractors cannot make eligibility determinations.  Information on eligibility can be found in FEMA 321 – Public Assistance Policy Digest, FEMA 322 – Public Assistance Guide, FEMA 323 – Public Assistance Applicant Handbook, and this document.

Vegetative Debris Eligibility

Vegetative debris consists of whole trees, tree stumps, tree branches, tree trunks, and other leafy material.  Depending on the size of the debris, the collection of vegetative debris may require the use of flat bed trucks, dump trucks, and grapple loaders. 

Most vegetative debris consists of large piles of tree limbs and branches that are piled on the public rights-of-way by the residents.  The collection of this type of debris is eligible for reimbursement if it is within public rights-of-way and collected by an eligible applicant.  Applicants normally limit the number of times the debris is collected; for instance, the applicant may choose to make two passes throughout the jurisdiction before resuming its normal collection activities.  The applicant should discuss with FEMA the number of passes that may be eligible. 

Vegetative debris is bulky and consumes a significant volume of landfill space if buried.  To minimize the use of landfill space, it is prudent to reduce the volume of vegetative debris before burying.  Vegetative debris may be reduced by as much as 75 percent of its volume by mulching or grinding and as much as 90 percent of its volume through burning technologies.  Costs to reduce vegetative debris are eligible for Public Assistance grant funding if found to be reasonable.

A hazardous tree or stump may be collected individually, while downed or fallen debris is collected from rights-of-way or at a designated collection center.  Tree and stump collection prices are typically based on the size of the tree or stump and charged by unit.  Other fallen or downed material is usually billed by weight (tons) or volume (cubic yards).

Determining eligibility for hazardous trees and stumps is challenging.  FEMA has established criteria to assist in making these eligibility determinations, using objective information that can be collected in the field. 

Hazardous Trees

Removing a hazardous tree may be eligible for Public Assistance grant funding.  A tree is considered hazardous if its condition was caused by the disaster; it is an immediate threat to lives, public health and safety, or improved property; it has a diameter breast height of six inches or greater; and one or more of the following criteria are met:

Trees determined to be hazardous and that have less than 50 percent of the root-ball exposed should be cut flush at the ground level.  Grinding of the resulting stump after the tree has been cut flush at the ground level is not eligible work.  The cut portion of the tree is included with regular vegetative debris.  The applicant should make an effort to cut the tree trunk as close to the ground as possible.

The eligible scope of work for a hazardous tree may include removing the leaning portion and cutting the stump at ground level.  An example of an ineligible costing method for such work would be removing the tree and stump for two separate unit costs. 

The Public Assistance Program may reimburse straightening and bracing if they are less costly than removal and disposal.  Straightening and bracing are emergency protective measures if they eliminate an immediate threat to lives, public health and safety, or improved property.  If an applicant chooses to straighten and brace a tree in lieu of removal, the tree would not be eligible for removal if it dies. 

Hazardous Limb Removal (Hangers)

Removing hanging limbs may be eligible for Public Assistance grant assistance.  Limbs must be:

Only the minimum amount of work necessary to remove the hazard is eligible.  Pruning, maintenance trimming, and landscaping are not eligible.  Work should be executed in an efficient manner.  For example, all hazardous limbs in a tree should be cut at the same time, not in passes for particular sizes.  Work to remove hanging limbs from a tree that has been determined to be a hazard and is scheduled for removal is not eligible.  If this work is contracted out, it is typically done on a per tree basis.

An eligible scope of work may be to cut the branch at the closest main branch junction.  Removing the entire branch back to the trunk may not be eligible.

If the canopy of a tree located on private property extends over a public right-of-way such as a sidewalk, removal of hazardous limbs on the tree that extend over the public right-of-way and meet the above criteria may be eligible.  Limbs on the tree that do not extend over the public right-of-way are not eligible.

Documentation required for Public Assistance grant consideration:

Hazardous Tree Stumps

A stump may be determined to be hazardous and eligible for Public Assistance grant funding as a per-unit cost for stump removal if it meets all of the following criteria:

If an uprooted stump must be removed prior to FEMA’s approval, the applicant must submit the following information for Public Assistance grant consideration:

FEMA may reimburse a reasonable cost to remove, transport, dispose of, and fill the hole from a stump of more than 24 inches in diameter if:

In some instances, grinding of an uprooted stump and filling the resulting cavity may cost less than a complete extraction.  In these cases, the applicant should present the cost comparison documentation to FEMA for consideration; however, the stump must have already been determined eligible for removal according to the above criteria.

Stumps measuring 24 inches in diameter or less do not require special equipment for removal; therefore, reimbursement will be based on the reasonable unit cost per cubic yard, using the Stump Conversion Table found in Appendix G,FEMA DAP9523.11, Hazardous Stump Extraction and Removal Eligibility.  The unit price for stump removal includes the extraction, transport, and disposal of the stump as well as filling the cavity that remains.

FEMA will reimburse the applicant at the unit cost rate (usually cubic yards) for normal debris removal for all stumps, regardless of size, placed on the public rights-of-way by others, i.e., contractors did not extract them from public property or property of eligible PNP organizations.  In such instances, applicants do not incur additional costs to remove these stumps; the same equipment used to pick up vegetative debris can be used to pick up these stumps.

See Appendix G, FEMA DAP9523.11, Hazardous Stump Extraction and Removal Eligibility for more information on hazardous stumps.

Construction and Demolition Debris

The definition of construction and demolition debris may vary between States.  Construction and demolition debris can be defined as damaged components of buildings and structures such as lumber and wood, gypsum wallboard, glass, metal, roofing material, tile, carpeting and floor coverings, window coverings, pipe, concrete, fully cured asphalt, equipment, furnishings, and fixtures.  To be eligible, construction and demolition debris must be a result of a Federally declared disaster.

Certain types of construction and demolition debris are reusable or recyclable.  To conserve landfill space, it is prudent to separate materials for reuse or recycling.

Some construction and demolition debris may be hazardous, such as asbestos roofing and floor tile, and lead pipes.  Public Assistance grant eligibility is subject to all other Federal laws and regulations, including environmental and hazardous waste ordinances.  Documentation of the debris origin, any processing (reduction or recycling), and the final disposition is required for Public Assistance grant consideration.

Typically, removal of construction by-products generated by repairs or rebuilding is covered by insurance policies or included in the overall cost for reconstruction projects; therefore, it is not eligible for Public Assistance grant funding as emergency work under debris removal.  It may, however, be reimbursed as part of the permanent work for the reconstruction of an eligible project. 

Hazardous Waste

Hazardous waste is waste with properties that make it potentially harmful to human health or the environment.  Hazardous waste is regulated under RCRA.  In regulatory terms, a RCRA hazardous waste is a waste that appears on one of the four hazardous waste lists or exhibits at least one of the following four characteristics: ignitability, corrosivity, reactivity, or toxicity.

Public Assistance grant funding may be available for measures that address widespread hazardous materials contamination.  The measures may include retrieval and proper disposal of orphan drums, pumping water contaminated with hazardous materials, control or stabilization of oil or other hazardous material releases, and cleanup and disposal of hazardous materials.  Certified hazardous waste technicians should handle, capture, recycle, reuse, and dispose of hazardous waste.  The applicant must comply with Federal, State, and local environmental requirements for handling hazardous waste.

Public Assistance  grant funding is not available to test for mold or contaminants in water, air, or soil for the purposes of long-term cleanup actions.  FEMA and EPA determine the specific activities that may be funded under the Public Assistance Program and those activities that are under the authority of EPA.

Household Hazardous Waste (HHW) refers to hazardous products and materials that are used and disposed of by residential, rather than commercial or industrial consumers.  HHW includes some paints, stains, varnishes, solvents, pesticides, and other products or materials containing volatile chemicals that catch fire, react, or explode under certain circumstances, or that are corrosive or toxic.

Electronic waste, or e-waste, refers to electronics that contain hazardous materials such as cathode ray tubes.  Examples include computer monitors and televisions.

White Goods

White goods are defined as discarded household appliances such as refrigerators, freezers, air conditioners, heat pumps, ovens, ranges, washing machines, clothes dryers, and water heaters. 

Many white goods contain ozone-depleting refrigerants, mercury, or compressor oils.  The Clean Air Act prohibits the release of refrigerants into the atmosphere, and requires that certified technicians extract refrigerants from white goods before they are disposed of or recycled.  Some States also require certified technicians to extract compressor oils before disposing of or recycling white goods.  Applicants should follow all Federal, State, and local requirements concerning ozone-depleting refrigerants, mercury, or oils.  Documentation of proper disposal may be required for Public Assistance grant consideration.

Soil, Mud, and Sand

Floods, landslides, and storm surges often deposit soil, mud, and sand on improved public property and public rights-of-way.  Facilities commonly impacted by this type of debris may include streets, sidewalks, storm and sanitary sewers, water treatment facilities, drainage canals and basins, parks, and swimming pools. 

The removal of this type of debris from improved public property and public rights-of-way may be eligible for Public Assistance grant funding.  For instance, removing soil, mud, and sand from a roadway or sidewalk, or clearing out mud and sand from sewer lines, may be eligible for Public Assistance grant funding if it is the legal responsibility of an eligible applicant.  Natural streams and unimproved property are not considered eligible facilities.

The amount of Public Assistance grant funding for removal of soil, mud, and sand is based on the quantity that was deposited due to the disaster.  In order to determine the disaster-related debris quantities, the applicant should provide regularly scheduled maintenance reports that indicate the pre-disaster soil, mud, and sand levels.  Maintenance reports are commonly requested for soil, mud, and sand removal from sewers, water treatment facilities, and drainage channels.

The applicant is responsible for identifying the damage incurred due to the disaster.  Public Assistance grants do not provide funds for random surveys to look for damage, such as TV inspection of sewer lines.  However, if disaster-related damage is evident, a Public Assistance grant may cover inspections to determine the extent of the damage and method of repair.

Drainage channels and canals may be an element of a flood control work or water control facility.  These types of facilities are often under the jurisdiction of the United States Army Corps of Engineers (USACE) or the Natural Resources Conservation Service (NRCS).  If a flood control work or water control facility falls under another Federal jurisdiction, it is generally not eligible for Public Assistance grant funding.  For additional information regarding USACE and NRCS facility eligibility, refer to Appendix G, FEMA RP9524.3, Policy for Rehabilitation Assistance for Levees and Other Flood Control Works – Decision Tree.

Vehicles and Vessels

For the removal of vehicles and vessels to be eligible, the applicant must demonstrate that:

All supporting documentation relating to removal of abandoned vehicles and vessels must be submitted to FEMA for Public Assistance grant consideration.  For navigational vessels, applicants must follow their hazard abatement laws, coordinate with the requirements of the marine and harbor patrol agencies, and comply with local laws governing navigational vessels. 

It is important for the applicant to follow its normal written procedures regardless of the circumstances.  Any duplication of benefits issues should be addressed.

Putrescent Debris

Putrescent debris is any debris that will decompose or rot, such as animal carcasses and other fleshy organic matter.  The cost of putrescent debris collection and disposal may be eligible.  Disposal of putrescent debris must be in compliance with applicable Federal, State, and local requirements to be eligible for Public Assistance grant funding.  NRCS has developed specific disposal guidelines for animal carcasses.

Infectious Waste

Infectious waste is waste capable of causing infections in humans, including contaminated animal waste, human blood and blood products, isolation waste, pathological waste, and discarded sharps (needles, scalpels, or broken medical instruments).

Clearance, removal, and disposal of infectious waste may be the authority of another Federal agency.  Upon review of applicable Federal statutes, regulations, and policies governing infectious waste, FEMA will determine eligibility on a case-by-case basis and may develop disaster-specific guidance when appropriate.

Chemical, Biological, Radiological, and Nuclear-Contaminated Debris

Chemical, Biological, Radiological, and Nuclear (CBRN)-contaminated debris is debris contaminated by chemical, biological, radiological, or nuclear materials as a result of a natural or man-made disaster, such as a Weapon of Mass Destruction (WMD) event.  Eligibility determinations on the clearance, removal, and disposal of CBRN-contaminated debris will be made by FEMA based on applicable Federal statutes, regulations, policies, and other guidance documents.  Depending on the nature of the disaster and the debris it generates, FEMA may develop additional or disaster-specific eligibility guidance.

Garbage

Garbage is waste that is regularly picked up by an applicant.  Common examples of garbage are food, packaging, plastics, and papers.  In general, household food wastes can be collected through normal municipal waste collection methods and are not eligible.

Monitoring Debris Removal Operations

Eligible applicants are required to monitor debris removal operations in order to document eligible quantities and reasonable expenses to ensure that the work is eligible for Public Assistance grant funding.  Failure to do so properly may jeopardize funding.

In Federally declared disasters, FEMA personnel periodically validate the applicant’s monitoring efforts to ensure eligible debris is being removed and processed efficiently.  Debris monitoring is primarily the responsibility of the applicant.  Applicants may use force account resources, temporary hires, and/or contractors to accomplish the monitoring.

Reasonable costs for applicant debris monitors with appropriate qualifications may be eligible.  It is not necessary to have professional engineers and other certified professionals perform debris monitoring duties.  In addition to the costs for the monitors, the applicant may claim as part of its monitoring activities reasonable costs for the provision of training, oversight, and data compilation to verify debris removal costs as required by the monitoring operation. 

Overhead costs for architectural and engineering service are not eligible.  Costs associated with attending meetings with FEMA or the State and costs associated with the administration of project worksheets are funded through the administrative allowance as stated in 44 CFR Part 206.228 and cannot be a direct charge to a Public Assistance grant.

Additional guidance on monitoring debris removal operations is located in Appendix G,FEMA DAP9580.203, Fact Sheet: Debris Monitoring.

Disposal

Landfill tipping fees usually include fixed and variable costs along with some special taxes or fees assessed by the jurisdiction.  Examples of variable costs include costs for labor, supplies, maintenance, utilities, and gas or recovery systems.  Fixed costs generally include equipment, construction, permits, landfill closure, post closure, and amortized costs for ancillary landfill building structures.

Eligible landfill costs are limited to the variable and fixed costs that are directly related to landfill operations.  Jurisdictions may incorporate special taxes or fees into the landfill tipping fee to fund government services or public infrastructure.  When tipping fees include such costs, those costs are not eligible for Public Assistance grant funding.

Chapter 4 – Private Property Debris Removal and Demolition of Private Structures

The FEMA policies on debris removal from private property and demolition of private structures can be found in Appendix G. 

Private Property Debris Removal

Private property debris removal (PPDR) is generally not eligible for reimbursement under the Public Assistance Program because debris on private property does not typically present an immediate health and safety threat to the general public.  Also, debris removal from private property is generally the responsibility of individual private property owners, and other sources of funding, such as insurance, are commonly available to property owners to cover the cost of work.  However, if private property owners move disaster-generated debris to the public right-of-way, the costs associated with removing this debris from the right-of-way may be eligible under the Public Assistance Program.

When large-scale disaster events cause mass destruction and generate large quantities of debris over vast areas, debris on private property may sometimes pose health and safety threats to the public-at-large.  If private property owners are not available because they have evacuated, the State or local government may need to enter private property to remove debris considered to be an immediate threat to the lives, health, and safety of its residents.  In such situations, the Federal Coordinating Officer (FCO) is authorized to approve the provision of Public Assistance for the removal of debris from private property when it is considered to be in the public interest.  The section below describes the process through which applicants may obtain approval for Public Assistance funding for the costs of performing PPDR. 

Approval for FEMA Assistance

FEMA will work with States affected by large-scale disasters to designate those areas where the debris is so widespread that removal of debris from private property is in the public interest on a case-by-case basis.  Any applicant that intends to seek reimbursement to remove debris from private property within those designated areas will, prior to commencement of work, submit a written request to the FCO seeking approval for reimbursement.  The applicant must provide documentation confirming that an immediate threat to the public exists as well as evidence of its legal responsibility to enter private property to eliminate the threat posed by the debris.  Specifically, this includes:

Immediate Threat Determination

The applicant must provide documentation from the applicant’s public health authority or other public entity with legal authority stating that disaster-generated debris on private property in the designated area constitutes an immediate threat to life, public health, and safety.

The applicant may also provide documentation stating that the debris poses an immediate threat to improved property and that its removal is cost effective.  The cost to remove the debris should be less than the cost of the potential damage to the improved property in order for the debris removal to be eligible. 

Documentation of Legal Responsibility

The applicant must demonstrate its authority and legal responsibility to enter private property to remove debris.  The legal basis for this responsibility must be established by law, ordinance, or code at the time of the disaster and must be relevant to the post-disaster condition representing an immediate threat to life, public health, and safety, and not merely define the applicant’s uniform level of services.  Typically, solid waste disposal ordinances are considered part of an applicant’s uniform level of services.    

Applicants ordinarily rely on condemnation and/or nuisance abatement authorities to obtain legal responsibility prior to the commencement of debris removal work.  There may be circumstances where the applicant determines that ordinary condemnation and/or nuisance abatement procedures are too time consuming to address an immediate public health and safety threat.  Applicants do not have to precisely follow their nuisance abatement procedures, or other ordinances, that would prevent the applicant from taking emergency protective measures to protect public health and safety.   

In addition to providing documentation detailing an applicant’s immediate threat determination and legal responsibility to remove debris from private property, the applicant must confirm that a legally authorized official has ordered the exercise of public authority to enter private property to perform PPDR.  The applicant must also submit in its request indemnification to the Federal government and its employees, agents, and contractors from any claims arising from the removal of debris from private property.

The FCO will approve or disapprove in writing each applicant’s request for Public Assistance to perform PPDR.  If approval is granted, applicants should immediately begin identifying properties for PPDR work and establishing specific scopes of work on each of these properties.           

Additional information on the applicant approval process for PPDR may be found in Appendix G, FEMA DAP9523.13, Debris Removal from Private Property.

Documentation for PPDR

If PPDR is authorized and considered for Public Assistance grant funding, applicants are required to properly document all legal processes used to gain access to private property, as well as document applicable scopes of work, and compliance with Federal, State, and local environmental and historic preservation review requirements.  Applicants should work with the Public Assistance staff prior to the commencement of any PPDR work to ensure that all legal, environmental, historic, and scope of work considerations are addressed.

The following documents are necessary for Public Assistance funding for PPDR work: 

  1. Right-of-Entry.  A right-of-entry signed by the property owner should include a hold harmless agreement and indemnification applicable to the project’s scope-of-work.  FEMA’s Office of Chief Counsel (OCC) should review the right-of-entry form and the language of the hold harmless agreement and indemnification.  The right-of-entry form may also include space for the private property owner’s insurance information (policy number) for verification purposes, if applicable.  
  1. Photos are strongly encouraged to show the condition of the property prior to the beginning of the work.  Generally, pictures are used to confirm the address and identified scope-of-work on the property.
  1. A PPDR Assessment is a property-specific assessment which establishes the scope of eligible work.  This may be a map which serves as a guide indicating the location of the eligible items of work that present an immediate threat relative to improved property or ingress and egress routes.  These maps may incorporate symbols and a legend to identify structures, property lines, and eligible items of work.  This assessment may also be a work order or may be covered in the right-of-entry form, as long as the scope of work can be clearly identified.
  1. Documentation of Environmental and Historic Review.  Debris removal work from private property must satisfy compliance review requirements as established by 44 CFR Parts 9 and 10 and all other applicable Federal environmental and historic preservation requirements.

Additional documentation may be required by Public Assistancestaff on a case-by-case basis to demonstrate eligible work performed and compliance with applicable Federal, State, and local laws and regulations.

Types of Eligible PPDR Work

Eligible debris removal work from private property includes removal of:

Ineligible debris removal work on private property includes the removal of:

Demolition of Private Structures

State and local governments may need to enter private property to demolish private structures made unsafe by disasters to eliminate immediate threats to life, public health, and safety.  In some cases, the costs of performing demolition of private structures may be eligible for Public Assistance grant funding.  Typically, the demolition of private structures to eliminate immediate threats is authorized under Section 403(a)(3)(E) of the Stafford Act. 

FEMA will consider alternative measures to eliminate threats to life, public health, and safety posed by disaster-damaged unsafe structures, including fencing off unsafe structures and restricting access, when evaluating requests for Public Assistance grant funding for demolition work.  The Public Assistance staff must also concur that the demolition of unsafe structures and removal of demolition debris are in the public interest.     

The demolition of unsafe privately owned structures and subsequent removal of demolition debris may be eligible when the following conditions are met:

Additional information on the general eligibility of demolition of private structures may be found in Appendix G, FEMA DAP9523.4, Demolition of Private Structures. 

Eligible Demolition Costs

Eligible costs associated with the demolition of private structures may include, but are not limited to:

Ineligible costs associated with the demolition of private structures include:

Structures condemned as safety hazards before the disaster are not eligible for demolition and subsequent demolition debris removal under Public Assistance grant authority.

Individuals and private organizations (except for eligible PNPs) will not be reimbursed for demolition activities on their own properties under the Public Assistance Program.

Documentation for Demolition

In order to receive reimbursement of eligible demolition costs, applicants should provide documentation of applicable legal processes and scopes of work performed, similar to the private property debris removal process described above.  Specifically, this includes:

All documentation should be consistent with the requirements of applicable Federal, State, and local laws and regulations governing demolition of private structures.  Similar to PPDR work, additional documentation may be required by Public Assistance staff on a case-by-case basis to demonstrate eligible work performed and compliance with applicable Federal, State, and local laws and regulations.

Commercial Property

The removal of debris from commercial property and the demolition of commercial structures are generally not eligible for Public Assistance grant funding.  It is assumed and expected that these commercial enterprises retain insurance that can and will cover the cost of debris removal and/or demolition.  However, in some cases as determined by the FCO, the removal of debris from private commercial property and/or the demolition of private commercial structures by a State or local government may be eligible for FEMA reimbursement only when such removal is in the public interest.

Industrial parks, private golf courses, commercial cemeteries, apartments, condominiums, and mobile homes in commercial trailer parks are generally considered commercial property.

Duplication of Benefits for PPDR and Demolition

FEMA is prohibited from approving funds for work that is covered by any other source of funding.  Therefore, State and local governments must take reasonable steps to prevent such an occurrence, and verify that insurance coverage or any other source of funding does not exist for PPDR work and the demolition of private structures.  Typically, the rights-of-entries used for PPDR and demolition of private structure have a clause that states that a private property owner will re-pay an applicant the amount of insurance proceeds received for any PPDR or demolition work performed.  The right-of-entry form being used by the applicant may also include space for the private property owner to list insurance information (policy number) for verification purposes.

When PPDR and demolition of private structures is covered by an insurance policy, the insurance proceeds must be used as the first source of funding.  Public Assistance grant funding may be eligible for the remainder of the cost of the eligible work after insurance proceeds are recouped from the property owner.  If it is discovered that a duplication of benefits has occurred, FEMA will de-obligate funds from the Grantee in the amount that such assistance duplicates funding the property owners received from other sources.

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Part II – Debris Management Planning Concepts

Introduction

Applicants are encouraged to review their community’s vulnerability to a disaster and to consider their response and recovery activities, specifically in handling debris issues. 

Debris removal operations can be time-consuming and costly.  Over the last five years, debris removal operations accounted for approximately 27 percent of the disaster recovery costs.  FEMA urges applicants to develop a debris management plan that considers large-scale debris removal and disposal operations.  By developing a debris management plan, communities will be better prepared to address disaster-related debris in a time-efficient manner, expediting the recovery process.  Additionally, a sound and properly executed debris management plan may better position an applicant for Public Assistance grant assistance. 

Part II, Debris Management Planning Concepts, provides applicants with guidance in planning, organizing, mobilizing, and controlling a debris removal and disposal operation.  Chapter 5, Applicant Roles and Responsibilities, outlines the staff who will develop a debris management plan.  The remaining chapters of Part II describe the major elements of a debris management plan, the considerations applicants need to address, and information that may be required for Public Assistance grant assistance consideration. 

Helpful tools within these chapters include the “Questions to Consider” and “To Do Checklist” at the end of the chapters.  The “Questions to Consider” are intended to assist the planning team in applying the information within each chapter to the specific needs of their jurisdiction.  The “To Do Checklist” is provided as a reminder of important issues and considerations to include within the debris management plan.

It is important to note that all or portions of Part II may be used depending on the size of the debris removal operation.  The “Questions to Consider” at the end of each chapter may be used to help determine if a specific debris planning element is applicable for the specific jurisdiction.

Chapter 5 – Applicant Roles and Responsibilities

The success of a debris management plan is dependent upon the commitment of an applicant to researching, planning, implementing, and evaluating the plan effectively and efficiently.  Proper planning by management and employee training provides an applicant with a foundation for a quick and successful recovery. 

The following text discusses the personnel that are necessary to plan and develop the debris management plan.  A sample outline for a debris management plan is supplied for use and reference in Appendix A, Debris Management Plan Outline.  During a disaster event, the same staff members would be expected to implement the plan.  The organization of departments and management staff may vary between applicants, but roles and tasks do not change.

Debris Management Staff Organization and Structure

The size and composition of a staff organized to manage debris clearance, removal, and disposal issues depends on the magnitude of the disaster and the size of the jurisdiction.  A pre-disaster debris planning staff may be quite small; however, following a major disaster, additional staff members may be required. 

Successful debris operations require collaborative efforts between departments within the applicant and with specific external agencies that have regulatory authority over debris operations.  It is essential that prospective staff members have as much training as possible and interface with other agencies responsible for debris clearance, removal, and disposal activities, such as the National Guard, the State department of transportation, the State police, and the State emergency management office, prior to any event. 

To implement debris operations quickly, it is important for emergency response and recovery personnel to have a clear understanding of how their normal job responsibilities and functions apply to debris operations.  The applicant’s debris planning staff should be comprised of full-time personnel supplemented with personnel from other staffs and agencies.  The planning process should include a review of individual departmental functions and responsibilities for implementing debris operations. 

Immediately following a disaster event, the planning process should establish a disaster debris management team, which convenes as a working group to facilitate successful coordination following a disaster event.  Team members should consist of personnel from departments within the applicant and representatives from external agencies, such as regional waste management, joint power authorities, sanitation districts, State and Federal environmental offices, and other agencies which have shared responsibilities for solid waste issues.  Each member of the team is responsible for implementing debris operations in accordance with the planned goals and objectives, and in compliance with Federal, State, and local laws.

Debris Management Staff Responsibilities

No two jurisdictions have the same department or section designations; therefore, this document refers to each department or section according to its function rather than a specific department designation.  The following discussion gives the function of each department and a brief description of the tasks each performs in developing the debris management plan

Each department is responsible for specific elements of the debris management plan.  Those general duties are explained in the remainder of this chapter.  Department responsibilities often overlap, making coordination and communication critical to the success of the debris management plan.  In many instances, a particular department is involved in numerous elements of the debris management plan. 

These overlapping responsibilities illustrate the need for one primary coordinator or Debris Project Manager.  The Debris Project Manager’s role and responsibilities are paramount in coordinating efforts and ensuring communication between planning and implementation sections.

Debris Project Manager

The primary decision maker is the Debris Project Manager.  The Debris Project Manager should be knowledgeable of the applicant’s processes, procedures, personnel, resources, and limitations.  It is important for the Debris Project Manager to keep communication and coordination efforts between departments a priority. 

The Debris Project Manager has overall responsibility for the operations, planning, logistics, and cost of the debris management operations.  The Debris Project Manager assigns tasks to team members and tracks the completion of tasks to ensure quick implementation of the debris removal operations.

Debris Management Planning Sections

Administration

The Administration department typically includes the finance, personnel, and public information sections within a governing body.  It is important for this department to establish a records management system in order to collect and keep all the documentation that may be required for the Public Assistance grants.  Documentation may include, but is not limited to:

The finance section is usually responsible for developing an emergency response and recovery budget, tracking expenses, and ensuring funds are available for personnel, equipment, supplies, and contract service costs. 

The Administration department should include a public information officer to distribute information and educate citizens about the debris operations.  Planning components of the public information strategy should include the use of various types of information vehicles (print, radio, internet, etc.) and the pre-scripted information that will be distributed concerning topics such as:

Chapter 14, Public Information Strategy further discusses the types of information and how it may be distributed. 

Contracting and Procurement

The primary role of the Contracting and Procurement department is to have debris contracts in draft form ready for advertisement or have pre-qualified contractors in place prior to the event.  This portion of the plan needs to be updated as the jurisdiction’s procurement procedures and contracts may expire and change over time.  Contracting and Procurement planning includes the following tasks:

Legal

The applicant’s Legal staff leads the review process for all legal matters in the debris management planning process.  In addition to advising the debris management planning staff, the following tasks should also be performed by the legal department:

Operations

The Operations staff is responsible for the supervision of government and contract resources and overall project implementation.  The Operations department is responsible for implementing the entire debris removal operation.  Planning tasks include:

Engineering/Planning

The Engineering staff supports all other debris management sections in a technical role.  The Engineering department provides debris quantity assumptions, economic analysis, and feasible solutions for the debris operations.  The following are tasks that may be completed by the Engineering staff:

Questions to Consider

  1. What departments within your agency are responsible for:
    • Debris removal?
    • Solid waste removal?
    • Demolition?
    • Public information?
    • Contract services?
  2. What departments within your agency should participate in the development of a debris management plan?
  3. Who will be the Debris Project Manager for your jurisdiction?
  4. What staff positions within your agency or department should be designated to coordinate State and Federal assistance for debris management activities?
  5. What local ordinances that have been adopted in your community apply to debris management activities?
  6. What Federal and State environmental regulations apply to debris removal activities?
  7. Which staff member will be responsible for coordinating efforts with FEMA and the State during a Presidentially declared disaster?

To Do Checklist

  1. Assign management personnel to a debris management team for planning and implementation of the debris management plan.  Assignments include management and planners for:
    • Administration
    • Contracting/Procurement
    • Legal
    • Operations
    • Engineering/Planning
  2. Establish an organization chart with names and contact numbers for distribution to the planning staff.
  3. Assign a primary coordinator, and additional staff if necessary, to coordinate State and Federal assistance for debris management activities.
  4. Assemble any local ordinances that have been adopted in the jurisdiction that apply to debris management activities.

Chapter 6 – Debris Forecasting for a Design Event

Please see Chapter 1, Public Assistance Debris Removal Eligibility, and Chapter 3, Debris Removal from Public Property, for eligibility issues to consider in developing the debris management plan.

Quantifying the amount of debris after the disaster is known as “estimating.”  Predicting the amount and type of debris prior to a disaster event is known as “forecasting.” 

Forecasting the type and quantity of debris begins the debris planning process.  By forecasting the type and quantity of debris, the planning staff can better define the scope of work of the debris management operations.  Debris forecasts can be used to determine the required response and recovery resources, the number and size of storage and reduction sites, and the final disposition of the disaster-related debris. 

Staff can reasonably forecast debris by becoming familiar with the impacts that result from various types of disasters.  Realistic debris forecasts depend on the type and size of disaster an applicant anticipates their community will encounter. 

Design Disaster Event

The type of disaster and the debris that is generated may be similar for an entire region of the country, but the size and extent of the affected areas is specific to an applicant’s jurisdiction.  The more information gathered during the planning process, the more realistic the projected debris quantities will be for future disasters.  For planning purposes, an applicant should consider a “design event” to calculate and forecast the amount of debris that will be generated.  Planning staff needs to determine the size and extent of a potential disaster. 

Historical data is most often used to determine the design event for hurricanes, tornadoes, ice storms, wildfires, and floods.  The design disaster event must be within reason and take into account historic events and any additional altered criteria that may affect the disaster scenario.  For example, a flood event may not impact as many single-family homes as a previous event, due to a change in a river channel or revised zoning laws that prohibit building in a flood-prone area. 

Earthquake design events should be analyzed for reasonableness and practicality.  For instance, an applicant may only need to plan with the assumption that a portion of its structures will be damaged or destroyed during a disaster event, rather than all of its structures, if more stringent seismic building codes and better construction practices have been adopted since a previous event of the same nature. 

Terrorist events have limited historical data; information from natural disasters and/or analyzing vulnerabilities of a particular applicant’s jurisdiction may provide useful insight into the challenges an applicant could anticipate. 

Disaster Characteristics

The following are general descriptions of natural and manmade disasters and the associated debris that each generates.

Hurricanes and Typhoons

The terms “hurricane” and “typhoon” are two regional names for the same phenomenon.  The damaging forces of hurricanes and tropical storms include high velocity winds (up to 150 miles per hour or higher in gusts), storm surge, and wave action.  The most severe damage frequently occurs in the shore lands adjacent to the ocean.  The resultant debris consists primarily of vegetative matter, construction materials from damaged or destroyed structures, personal property, marine vessels, and sediment.  The greatest concentration of debris is located along the shoreline.  Flooding and tornadoes spawned by hurricanes can cause damage and leave extensive amounts of natural and manmade debris far inland. 

It is important to consider the mix of debris that may be generated, though there is no standard composition data that can be applied for all hurricanes.  For example, the composition of debris from Hurricane Andrew (1992) in Florida was generally 30 percent clean, woody debris and 70 percent construction and demolition debris.  After Hurricane Fran (1996) in North Carolina, the mix was exactly the opposite.  Considering the land-use types and existing infrastructure (types of structures) will assist in making forecasts for planning purposes.

Tsunamis

A tsunami is a wave train, or series of waves, generated in a body of water by an impulsive disturbance that vertically displaces the water.  Earthquakes, landslides, volcanic eruptions, explosions, and even the impact of cosmic bodies, such as meteorites, can generate tsunamis.  Tsunamis can savagely attack coastlines, causing devastating property damage and loss of life.  They are capable of inundating and flooding areas hundreds of yards inland past the typical high water level.  The fast-moving water associated with the inundating tsunami can crush homes and other coastal structures.  Debris from tsunamis may consist of construction and demolition debris, vegetative debris, dead mammals, fish, and other marine forms.  Tsunamis can be very deadly, and a community could expect to have a high loss of life.

Tornadoes 

Damage from tornadoes is caused by high-velocity rotating winds.  The severity of the damage depends on the velocity of the tornado funnel and the length of time the funnel is on the ground.  Damage is generally confined to a narrow path, which can be up to one-half mile wide and from 100 yards to several miles long.  Tornado debris consists primarily of vegetative debris, construction materials from damaged or destroyed structures, and personal property. 

Floods 

Severe rainstorms, hurricanes, tsunamis, or reservoir failure can cause flooding.  Damage to structures from flooding is caused either by inundation or high-velocity water flow.  Structural damage is usually limited to the floodway and the floodplain area immediately adjacent to the waterway.  Heavy structural damage may result from high-velocity waters in mountainous areas or failure of a flood control project, such as a dam or levee.  Flood debris may consist of sediment, wreckage, personal property, and sometimes hazardous materials deposited on public and private property.  Additionally, heavy rains and floods may produce landslides; in such cases, debris consists primarily of soil, gravel, rock, and some construction materials.

Earthquakes

Seismic forces along fault lines generate shock waves that cause ground shaking, surface ruptures, liquefaction, landslides, mudflows, and earth cracking.  Damage may be localized at the epicenter or widespread across adjoining areas.  Secondary effects of earthquakes such as aftershocks, fires, explosions, and landslides cause further damage.  Debris from an earthquake generally consists of damaged personal property, structural building materials, charred material, concrete, and asphalt.

Fires

Wildfires or urban fires can destroy or partially damage building structures, vehicles, public infrastructure, and vegetation.  The loss of vegetative growth on hillsides may result in mudslides and subsequently cause further structural damage.  Debris from fires consists of burnt personal property, burnt metals, charred wood, ash, asbestos, and other hazardous wastes.

Ice Storms or Snowstorms

Debris from ice storms or snowstorms consists of significant amounts of vegetative debris and overhead utility service components. 

Acts of Terrorism

Terrorism includes the unlawful use of force and violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives.  Since terrorism is regarded as a criminal act, it involves coordination with law enforcement authorities, the coroner’s office, and health officials before debris is handled or disposed. 

Debris generated as a result of an act of terrorism is highly variable in both quantity and type, depending upon the specific means utilized by the terrorists.  An act of terrorism could generate little to no debris at all, or could result in large quantities of multiple types of debris, potentially requiring highly specialized personnel, procedures, and equipment for its removal and disposal.

Disaster Debris Streams

Typically, disasters generate a mix of different types of debris.  Figure 6.2 summarizes the typical types of debris for each type of disaster.

Different handling and disposal methods are required for particular debris types and impact the scope of work of the debris management plan.  Managing debris containing hazardous, household hazardous, medical, and infectious materials requires various specialized handling and disposal methods.  Planning Staff should consider the proper handling and disposal methods for each type of debris that could be generated during each design disaster event when preparing debris management plans.  Refer to Chapter 3, Debris Removal from Public Property, for discussion on typical debris streams.

Land Use and Geography

The planning staff should take into consideration land use, terrain, and accessibility of areas located within the applicant’s geographic boundaries to determine the types of debris that will be generated and to establish effective debris collection programs.

Understanding the local land use provides information as to the types of debris that will be generated and offers insight as to the type of handling that would be necessary to safely manage the debris.  For example, rural areas may have more vegetative debris; whereas, urban residential areas may have more construction and demolition debris.  Industrial parks may have special environmental concerns compared to park areas.  Planning staff may find it useful to divide the jurisdiction into sectors in order to keep the forecasting manageable.

Evaluating accessibility and terrain of various locations within a jurisdiction is critical to determining the types of debris collection programs that should be undertaken.  Remote areas may require the planners to safely store the debris until accessibility is established.  Usually, finding debris contractors, recyclers, or disposal facilities in remote areas is a challenge.  To promote expedient recovery efforts, planners should identify and maintain lists of available debris contractors, recyclers, and disposal facilities.

Forecasting Methods

After the disaster parameters and geographic extent is established, specific debris volumes can be quantified by using historical information or forecasting models.

Historical records provide a basis for forecasting disaster-generated debris and can be used for