Increased Operating Cost - Debris Removal

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1008-DR
ApplicantCity of Santa Monica
Appeal TypeSecond
PA ID#037-70000
PW ID#99761
Date Signed1997-12-05T05:00:00
Citation: FEMA-1008-DR-CA; DSR 99761; PA ID 037-70000; City of Santa Monica (City), Reimbursement for increase in municipal solid waste generation.

Cross Reference: Northridge Earthquake; increased operating costs; Category F - Utility.

Summary: Following the 1994 Northridge Earthquake, the City applied for disaster assistance to cover the costs of collection and disposal of an increase in the City's solid waste. DSR 99761, prepared for $190,000, was found ineligible due to lack of documentation establishing the excess waste as disaster debris. The City appealed the DSR, stating that such documentation was unreasonable and unavailable. The Regional Director denied the appeal because the cost of solid waste collection is not authorized by the Stafford Act (P.L.93-288 as amended), unless the disaster-related waste presents an immediate threat to life, public health and safety. In the second appeal, the City maintains that the collection of excess waste constitutes debris removal and is eligible pursuant to 44CFR206.224.

Issue: Is the City eligible to receive the $190,000 for increased operating costs? Did the increased volume of solid waste pose a health and safety threat to the public?

Findings: No. It is FEMA policy that loss of revenue or increased costs associated with providing utility services is not eligible for reimbursement. Furthermore, the debris did not pose a health and safety threat to the public as required by 44CFR206.224.

Rationale: This policy regarding the eligibility of excess utility costs was established in 44CFR205.76 (18). The applicant did not provide evidence to demonstrate that the debris posed a health and safety threat to the public.

Appeal Letter

December 5, 1997

Mr. Gilbert Najera
Governor's Authorized Representative
Governor's Office of Emergency Services
74 North Pasadena Avenue
West Annex, 3rd Floor
Pasadena, California 91103

Dear Mr. Najera:

This is in response to your July 29, 1997, letter forwarding the City of Santa Monica's (City's) second appeal of damage survey report (DSR) 99761. This DSR was prepared for $190,000 as a reimbursement of the increased cost associated with the collection and disposal of the City's solid waste for the 4< months following the Northridge earthquake. The Federal Emergency Management Agency (FEMA) deemed it ineligible on the grounds that the applicant provided insufficient information to substantiate the claim that the City incurred an operating loss due to increased operating costs as a result of the disaster. Subsequently, the Disaster Recovery Manager (DRM) denied the first appeal of this DSR, because the documentation failed to establish the excess waste as
disaster-related debris. The DRM also cited that the cost of solid waste collection is not authorized by the Stafford Act (P.L. 93-288 as amended) and is, therefore, ineligible for FEMA funding.

In its second appeal, the City provided documentation illustrating a 10.7% increase in the mass of waste collected over the same months during the previous year and claimed that the collection of the additional waste constituted debris removal that should be eligible for federal disaster assistance pursuant to 44CFR206.224. In order for debris removal to be eligible for FEMA funding it must:
  1. Eliminate immediate threats to life, public health, and safety; or
  2. Eliminate immediate threats of significant damage to improved public or private property; or
  3. Ensure economic recovery of the affected community to the benefit of the community at large. (44CFR206.224 [a])
There is no evidence from the documentation provided that collection and disposal of the excess refuse fulfilled any of these conditions. Accordingly, I am denying the second appeal.

Please inform the applicant of my determination. The applicant may submit a third appeal to the Director of FEMA. The appeal must be submitted through your office and the Regional Director within 60 days of receipt of this determination.

Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate

cc: Leland R. Wilson
Federal Coordinating Officer
FEMA-1008-DR-CA
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