alert - warning

This page has not been translated into 简体中文. Visit the 简体中文 page for resources in that language.

Debris Removal

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1731-DR
ApplicantSan Diego County
Appeal TypeSecond
PA ID#073-99073-00
PW ID#796
Date Signed2010-03-29T04:00:00

SECOND APPEAL BRIEF
FEMA-1731-DR-CA
San Diego County; PA ID 073-99073-00
Debris Removal, Project Worksheet 796

Citation:           FEMA-1731-DR-CA; San Diego County, Debris Removal, Project Worksheet (PW) 796

Cross-  
Reference:
      General Eligibility, Debris Removal

Summary:        In October 2007, wildfires burned 1,600 structures on 1,030 sites resulting in disaster-related debris on public and private property.  FEMA approved the designation of San Diego County (Applicant) for removal of debris from private property.  FEMA prepared PW 796 for an estimated cost of $18,686,787 to fund eligible debris removal.  The PW identified as ineligible all costs associated with demolition, loading, hauling, and disposal of concrete slabs and foundations on public and private property.  Other costs were ineligible due to lack of supporting documentation.  In its first appeal, the Applicant claimed that the removal of concrete from private property should be eligible under the recycling provisions of the Public Assistance Pilot Program.  The Applicant also identified that a portion of the concrete removal costs were related to permanent restoration at Applicant-owned facilities and provided supplemental documentation for claimed costs.  FEMA partially approved the first appeal to fund concrete removal from Applicant-owned facilities and to fund other costs based on new supporting documentation.  FEMA maintained that removal of foundation debris from private property was ineligible.  In its second appeal, the Applicant argued that concrete removal from private property should be funded, in the amount of $6,675,115, because it was removed from the “nearest safe location” to a public right-of-way.  The Applicant provided additional documentation to support other claimed costs in the amount of $136,582.

Issue:          1) Are concrete slabs and foundations on private property eligible debris?
                     2) Did the Applicant provide sufficient documentation to   justify additional funding for eligible debris removal work?

Finding:       1) No.  Removal of concrete slabs and foundations from private property was not necessary to address an immediate threat to public health and safety.
                     2) Yes.  The Applicant provided sufficient documentation to support additional funding in the amount of $136,582.

Rationale:    44 CFR §206.223; 44 CFR §206.224; DAP 9523.13; PA Pilot Program – Program Guidance; 44 CFR §13.36

Appeal Letter

 

March 29, 2010

 

 

Mr. Francis McCarton

Governor’s Authorized Representative

Governor’s Office of Emergency Services

3650 Schriever Avenue

Mather, CA  95655

 

Re:    Second Appeal – San Diego County, PA ID 073-99073-00, Debris Removal,

         FEMA-1731-DR-CA, Project Worksheet 796

 

Dear Mr. McCarton:

 

This is in response to your letter dated July 2, 2009, which transmitted the referenced second appeal for San Diego County (Applicant).  The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of an additional $6,676,115 for debris removal costs.

As explained in the enclosed analysis, I have determined that the removal of concrete slabs and foundations from private property is not eligible because the work was not necessary to eliminate an immediate threat to public health and safety.  I have also determined that the Applicant has demonstrated that it is eligible for an additional $136,582 for costs associated with monitoring debris removal operations, the debris hotline, and the removal of non‑foundation concrete attendant to the removal of ash and burn site debris.  Finally, I have determined that the Applicant may allocate insurance proceeds from homeowners insurance to non-FEMA eligible debris removal first.  Accordingly, I am partially approving the appeal for $136,582.  By copy of this letter, I am requesting the Regional Administrator to take appropriate action to implement this determination.

 

Please inform the Applicant of my decision.  My determination constitutes the final decision on this matter as set forth in 44 CFR §206.206, Appeals.

Sincerely,

/s/

Elizabeth A. Zimmerman

Assistant Administrator

Disaster Assistance Directorate

Enclosure

cc:     Nancy Ward

Regional Administrator

FEMA Region IX