Summary:The Los Angeles County Department of Public Works (Applicant) sustained damages following the Northridge Earthquake on January 17, 1994.The Department of Homeland Security’s Federal Emergency Management Agency (FEMA) approved approximately $29.1 million of Federal funding for the Applicant’s recovery under major disaster declaration FEMA-1008-DR-CA.The Department of Homeland Security’s Office of Inspector General (OIG) completed an audit of the Public Assistance funds on July 3, 2006.As a result of the audit, FEMA de-obligated $373,300 for DSRs 08916-08918 for the collection and disposal of household hazardous waste (HHW).On September 13, 2007, the Applicant filed a first appeal in response to the de-obligation.FEMA notified the Applicant of the denial of its first appeal in a letter to the Grantee dated January 8, 2009.The Applicant filed a second appeal on March 16, 2009.The Applicant provided documentation with its second appeal that lists the number of participants and the types and quantities of HHW collected.The Applicant asks that FEMA recognize how the special collection events lessened the immediate threat to the health and safety of the public and grant their second appeal request.
Issues: 1. Did the collection of HHW eliminate or lessen an immediate threat caused
by the earthquake?
2. Were the HHW collections required as a direct result of the earthquake?
3. Was the additional collection of HHW a normal operating expense?
Findings:1.No. Collection of HHW following the earthquake did not eliminate an immediate threat.
2.No. Providing additional HHW collection was not required as a result of the earthquake.
3.Yes. Providing HHW collection was an ongoing process conducted by the Applicant.
Rationale:44 CFR §206.223(a)(1), General Work and §§206.224;225, Debris Removal and Emergency Work; Public Assistance Guide FEMA-322.