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Household Hazardous Waste

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1008-DR
ApplicantLos Angeles County Department of Public Works
Appeal TypeSecond
PA ID#037-91012-00
PW ID#08916-08918
Date Signed2010-01-04T05:00:00

Citation:      FEMA-1008-DR-CA, Los Angeles County Department of Public Works Disaster Survey Reports (DSR) 08916-08918

 

Cross-

Reference:   Debris Removal, Emergency Protective Measures, Increased Operating Costs

 

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.

 

Appeal Letter

 

 

 January 4, 2010

 

Francis McCarton
Governor’s Authorized Representative
California Emergency Management Agency
3650 Schriever Avenue
Mather, California  95655

Re:  Second Appeal–Los Angeles County Department of Public Works, PA ID 037-91012-00,
     Office of Inspector General Audit (Household Hazardous Waste), FEMA-1008-DR-CA,
     Damage Survey Reports (DSR) 08916-08918

Dear Mr. McCarton:

This letter is in response to your letter dated May 7, 2009, which transmitted the referenced second appeal on behalf of the Los Angeles County Department of Public Works (Applicant).  The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) de-obligation of $373,300 for the collection and disposal of household hazardous waste (HHW).

The Department of Homeland Security Office of Inspector General (OIG) audited $29.1 million in projects FEMA approved for the Applicant.  In OIG Audit Report Number DS-05-06, dated July 3, 2006, the OIG questioned $373,300 for the collection and disposal of HHW because it determined that these activities were not directly related to the disaster.  FEMA de-obligated the funds based on the OIG’s recommendation.  The Acting Regional Administrator sustained this determination on first appeal in a letter dated January 8, 2009.

The Applicant submitted a second appeal letter on March 16, 2009, to the State.  The Applicant provided copies of Form 303 Household Hazardous Waste Collection Information that lists the types and quantities of HHW collected at each location and the number of participants at each location as supporting documentation.  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 its second appeal request.

I have reviewed all information that the Applicant submitted with the second appeal and have determined that the information does not support the claim that that the removal of HHW following the Northridge Earthquake eliminated an immediate threat to public health and safety as required by 44 CFR §206.225, Emergency Work.  Therefore, I concur with the Acting Regional Administrator’s decision on the first appeal, and deny the second appeal.

Please inform the Applicant of my decision.  This determination is the final decision on this matter pursuant to 44 CFR §206.206, Appeals.
Sincerely,

 /s/

Elizabeth A. Zimmerman
Assistant Administrator
Disaster Assistance Directorate
cc:    Nancy Ward
       Regional Administrator
       FEMA Region IX