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Second Appeal Brief
PA ID# 086-02681-00; City of Aventura
PW ID# 7976; Appeal Timeliness
Conclusion: The Florida Division of Emergency Management (Grantee) did not submit the City of Aventura’s first appeal within the 60-day timeframe pursuant to 44 C.F.R. § 206.206(c)(2). Accordingly, the appeal is denied.
From October 23 through November 18, 2005, Hurricane Wilma caused damage throughout the City of Aventura (Applicant). FEMA prepared Project Worksheet (PW) 7976 to address the Applicant’s request to remove derelict vessels from Maule Lake. In the PW, FEMA stated that its review of the project did not address all federal, state, and local requirements and failure to comply with or obtain all appropriate environmental permits and clearances could jeopardize federal funding. During closeout the Applicant failed to provide FEMA with the final disposal permit so FEMA was unable to verify the disposition of the derelict vessels (specifically whether the Applicant deposited the vessels in a permitted landfill in accordance with applicable environmental laws and regulations). Accordingly, FEMA deobligated $58,570.00 in funding on September 2, 2010. The Applicant submitted its first appeal to the Grantee on November 5, 2010. However, the Grantee did not forward the Applicant’s appeal to FEMA until April 27, 2016, approximately 65 months after receipt. The Applicant’s first appeal stated that it complied with all known requirements and its efforts to obtain a permit or documentation to verify proper disposal were unsuccessful. The Regional Administrator (RA) denied the appeal because it was untimely pursuant to 44 C.F.R. § 206.206(c). The Applicant appeals the RA’s decision and argues that it did timely submit its appeal and requests FEMA respond to its first appeal. The Grantee concurs and asks FEMA not hold the Applicant responsible for its mistake.
Authorities and Second Appeals
- Stafford Act § 423.
- 44 C.F.R. § 206.206(c)(1)-(2).
- Palisades Med. Ctr., FEMA-4086-DR-NJ, at 4.
- Fla. Dep’t of Transp., FEMA-4068-DR-FL, at 3-4.
- City of Lake Mary, FEMA-1539-DR-FL, at 4.
- St. Thomas Univ. FEMA-1609-DR-FL, at 3.
- The Stafford Act and 44 C.F.R. § 206.206(c) requires that applicants file an appeal with the grantee within 60 days after receipt of notice of the action that is to be appealed, at which point the grantee must forward the appeal, along with a written recommendation, to the RA within 60 days.
- Failure by either the applicant or the grantee to comply with these requirements renders the appeal untimely and the Applicant’s appeal rights lapse.
- The Grantee submitted the Applicant’s first appeal to FEMA more than 65 months after receipt. Accordingly, the Grantee did not submit the Applicant’s first appeal within the 60-day timeframe pursuant to 44 C.F.R. § 206.206(c)(2).
- Due to the Grantee’s failure to comply with 44 C.F.R. § 206.206(c), the Applicant’s appeal rights lapsed.