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Second Appeal Brief
PA ID# 091-99091-00; Okaloosa County
PW ID# 104; Debris Removal from Private Road
Citation: FEMA-1595-DR-FL; Okaloosa County (Applicant), PW 104
Reference: Time Limitations
Summary: Following Hurricane Dennis, FEMA prepared PW 104 for reimbursement of contract costs associated with debris removal throughout the Okaloosa County road system. The PW noted that the Applicant removed debris from private roads; however, it was not seeking FEMA reimbursement for that specific type of debris removal. On September, 12, 2005, PW 104 was obligated for $1,324,564.
The Applicant submitted its first appeal on January 31, 2006, requesting that FEMA reimburse contractor costs associated with debris removal from private roads by using the same criteria FEMA applied to fund similar debris removal work associated with Hurricane Wilma [1609-DR-FL] in October 2005. The Applicant referenced the October 21, 2005, Recovery Division Fact Sheet Debris Removal from Private Property and stated that the debris removal costs were eligible because the debris posed a threat to life, health and public safety.
In a November 9, 2007, letter FEMA’s Regional Administrator denied the Applicant’s appeal stating that no new eligibility arose from the issuance of the October 2005 Fact Sheet, and that the Applicant must first demonstrate that it not only possessed the legal responsibility to remove debris from private property, but that an immediate threat to life, public health and safety compelled the Applicant to do so.
The Applicant submitted its second appeal on July 29, 2009, and reiterates the same position it claimed in the first appeal. However, the Applicant did not provide any extenuating circumstances for submitting the second appeal 19 months after FEMA denied its first appeal.
Issue: Did the Applicant submit its second appeal within the regulatory timeframe?
Rationale: 44 CFR §206.206(c), Appeals, Time Limits