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Debris Removal from Private Property

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1545/15
ApplicantSt. Lucie County
Appeal TypeSecond
PA ID#111-99111-00
PW ID#Multiple Project Worksheets
Date Signed2008-03-14T04:00:00
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Appeal Letter

March 14, 2008

W. Craig Fugate
Director
Division of Emergency Management
Department of Community Affairs
State of Florida
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399

Re: Second Appeal–St. Lucie County, FL, PA ID 111-99111-00,
Debris Removal from Private Property, FEMA-1545/1561-DR-FL,
Multiple Project Worksheets (PWs)

Dear Mr. Fugate:
This is in reference to a letter dated December 11, 2006, from John R. D’Araujo, Jr., former Director of Recovery, Federal Emergency Management Agency (FEMA), to you regarding the referenced second appeal. In that letter, Mr. D’Araujo informed you of FEMA’s decision to deny St. Lucie County’s (County) request for $515,502 for debris removal from private property (specifically, private roads) following Hurricanes Frances and Jeanne in 2004 because the County had not demonstrated that it had legal responsibility to do so. Upon a reconsideration of the information and justification supplied by the County, we have determined that the County has, in fact, demonstrated that it had the legal responsibility to remove disaster debris from private roads.

Pursuant to Section 125.01of the Florida Statutes and Section 1-9-53(b) of the St. Lucie County Code of Ordinances and Compiled Laws, the County has the authority to provide solid waste collection services to all residential parcels within unincorporated areas of the County. Section 125.01 of the Florida Statutes grants authority to Florida counties to regulate solid waste collection and trash removal. Section 1-9-53(b) of the County Code states, “Pursuant to F.S. 125.01, the County has the general responsibility and authority to provide for the collection of solid waste and recyclable materials within the unincorporated area of the county.” The state law and county ordinance were adopted prior to the 2004 hurricane season.

After the arrival of Hurricane Frances, the County Safety Director declared a state of emergency. In response to the concerns of the police and fire departments, and in anticipation of another impending hurricane, the County Administrator, directed the removal of hurricane debris from private rights of way. Based on State law, the County Ordinance, and adopted County Resolutions, the County had legal responsibility for the collection and removal of residential solid waste and debris, including disaster-related debris, placed on the curb of public and private roads.
Accordingly, I have determined that St. Lucie County is eligible to receive reimbursement for removing debris from private roads following Hurricanes Frances and Jeanne. Therefore, I amend FEMA’s previous determination on this issue and approve the County’s second appeal. By copy of this letter, I request that the Regional Administrator take appropriate action to implement this determination.

Please inform the County of my determination. My determination is the final decision on this matter pursuant to 44 CFR §206.206.

Sincerely,
/s/
Carlos J. Castillo
Assistant Administrator
Disaster Assistance Directorate

cc: Major P. May
Regional Administrator
FEMA Region IV