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Debris Removal
Appeal Brief
Appeal Letter
Citation: FEMA-1551-DR-FL, City of Pensacola (Applicant), Debris Removal,
Project Worksheet (PW) 3480
Cross-reference: Debris Removal
Summary: The Applicant completed its initial storm debris cleanup by January 31, 2005, and released its contracted debris crews. FEMA subsequently extended the deadline for the removal of debris generated by Hurricane Ivan from the public rights-of-way to May 31, 2005. In March 2005, the Applicant directed its debris contractor to resume debris collection. The contractor was unable to complete the debris removal effort by the deadline. Therefore, the Applicant requested a 30-day time extension to complete the work. FEMA denied the Applicants time extension request. The Applicant submitted a first appeal for $244,208, claiming that its contractor was not able to complete the debris removal effort prior to the deadline due to FEMAs actions related to the deadline extension. The Applicant stated that after FEMA extended the deadline on March 11, 2008, the Applicant was forced by citizen pressure to resume collection. The Applicant also stated that FEMA withdrew all previously established guidelines regarding the type of debris that could be placed curbside, which resulted in the public placing demolition debris on the public right-of-way. The Regional Administrator denied the first appeal, stating that the Applicant continued to provide curbside debris collection despite the fact that the public was placing non-disaster-related debris on the public rights-of-way.
Issues: Is the cost for removing debris after the May 31, 2005 deadline eligible for reimbursement?
Findings: No.
Rationale: 44 CFR §206.224(a)Appeal Letter
Appeal Brief
| Disaster | FEMA-1551-DR |
| Applicant | City of Pensacola |
| Appeal Type | Second |
| PA ID# | 033-55925-00 |
| PW ID# | Project Worksheet 3480 |
| Date Signed | 2009-02-18T05:00:00 |
Project Worksheet (PW) 3480
February 18, 2009
W. Craig Fugate
Director
State of Florida Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Re: Second AppealCity of Pensacola, PA ID 033-55925-00, Debris Removal,
FEMA-1551-DR-FL, Project Worksheet (PW) 3480
Dear Mr. Fugate:
This letter is in response to your letter dated July 3, 2008, which transmitted the referenced second appeal on behalf of the City of Pensacola (Applicant). The Applicant is appealing the Department of Homeland Securitys Federal Emergency Management Agencys (FEMA) denial of funding for the removal of debris placed on the public rights-of-way by property owners after the May 31, 2005 deadline.
The Applicant completed its initial storm debris cleanup by January 31, 2005, and released its contracted debris crews. FEMA subsequently extended the deadline for the removal of debris generated by Hurricane Ivan from the public rights-of-way in all declared counties in Florida to April 20, 2005, and then to May 31, 2005. In March 2005, the Applicant directed its debris contractor to resume debris removal operations. As of May 31, 2005, 17,455 cubic yards of debris that residents placed on the public rights-of-way remained uncollected. The Applicant requested a 30-day time extension from FEMA to complete the work. FEMA denied the Applicants time extension request and funding for the debris removal completed after the
May 31, 2005 deadline.
On April 21, 2006, the Applicant submitted a first appeal for $244,208, claiming that its contractor was not able to complete the debris removal effort prior to the deadline due to FEMAs actions related to the deadline extension. The Applicant stated that after FEMA extended the deadline on March 11, 2005, the Applicant was forced by citizen pressure to resume collection. The Applicant also stated FEMA withdrew all previously established guidelines regarding the type of debris that could be placed curbside, which resulted in the public placing demolition debris on the public rights-of-way. The Regional Administrator denied the appeal on March 4, 2008, stating that the Applicant continued to provide curbside debris collection despite the fact that the public was placing non-disaster related debris on the public rights-of-way. The extended deadline was meant to benefit heaviest-impacted areas,
jurisdictions with a continuing need for assistance based on eligible work, not to allow the pick-up of non-disaster-related debris or reconstruction debris.
The Applicant submitted its second appeal on May 30, 2008, restating its position in the first appeal and requesting reimbursement of $244,208 for debris removal completed after the May 31 deadline.
FEMA extended the deadline for removing disaster-related debris from the public rights-of-way several times in recognition of the devastation that Hurricane Ivan caused. FEMA informed the State that May 31, 2005, was the final deadline for removing debris. FEMA allowed sufficient time in advance of the deadline for applicants to provide appropriate guidance to residents. I have reviewed the information submitted with the appeal and have determined that the Applicant did not present any compelling reasons for FEMA to extend the deadline for removing debris from public rights-of-way beyond May 31, 2005. Accordingly, I am denying 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.
Sincerely,
/s/
James A. Walke
Acting Assistant Administrator
Disaster Assistance Directorate
cc: Major P. May
Regional Administrator
FEMA Region IV
W. Craig Fugate
Director
State of Florida Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Re: Second AppealCity of Pensacola, PA ID 033-55925-00, Debris Removal,
FEMA-1551-DR-FL, Project Worksheet (PW) 3480
Dear Mr. Fugate:
This letter is in response to your letter dated July 3, 2008, which transmitted the referenced second appeal on behalf of the City of Pensacola (Applicant). The Applicant is appealing the Department of Homeland Securitys Federal Emergency Management Agencys (FEMA) denial of funding for the removal of debris placed on the public rights-of-way by property owners after the May 31, 2005 deadline.
The Applicant completed its initial storm debris cleanup by January 31, 2005, and released its contracted debris crews. FEMA subsequently extended the deadline for the removal of debris generated by Hurricane Ivan from the public rights-of-way in all declared counties in Florida to April 20, 2005, and then to May 31, 2005. In March 2005, the Applicant directed its debris contractor to resume debris removal operations. As of May 31, 2005, 17,455 cubic yards of debris that residents placed on the public rights-of-way remained uncollected. The Applicant requested a 30-day time extension from FEMA to complete the work. FEMA denied the Applicants time extension request and funding for the debris removal completed after the
May 31, 2005 deadline.
On April 21, 2006, the Applicant submitted a first appeal for $244,208, claiming that its contractor was not able to complete the debris removal effort prior to the deadline due to FEMAs actions related to the deadline extension. The Applicant stated that after FEMA extended the deadline on March 11, 2005, the Applicant was forced by citizen pressure to resume collection. The Applicant also stated FEMA withdrew all previously established guidelines regarding the type of debris that could be placed curbside, which resulted in the public placing demolition debris on the public rights-of-way. The Regional Administrator denied the appeal on March 4, 2008, stating that the Applicant continued to provide curbside debris collection despite the fact that the public was placing non-disaster related debris on the public rights-of-way. The extended deadline was meant to benefit heaviest-impacted areas,
jurisdictions with a continuing need for assistance based on eligible work, not to allow the pick-up of non-disaster-related debris or reconstruction debris.
The Applicant submitted its second appeal on May 30, 2008, restating its position in the first appeal and requesting reimbursement of $244,208 for debris removal completed after the May 31 deadline.
FEMA extended the deadline for removing disaster-related debris from the public rights-of-way several times in recognition of the devastation that Hurricane Ivan caused. FEMA informed the State that May 31, 2005, was the final deadline for removing debris. FEMA allowed sufficient time in advance of the deadline for applicants to provide appropriate guidance to residents. I have reviewed the information submitted with the appeal and have determined that the Applicant did not present any compelling reasons for FEMA to extend the deadline for removing debris from public rights-of-way beyond May 31, 2005. Accordingly, I am denying 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.
Sincerely,
/s/
James A. Walke
Acting Assistant Administrator
Disaster Assistance Directorate
cc: Major P. May
Regional Administrator
FEMA Region IV