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Second Appeal Brief

FEMA-1539
PA ID# 117-38425-00; City of Lake Mary
PW ID# 192 and 7156; Debris Removal
08/31/2015

Conclusion: The City of Lake Mary (Applicant) did not file its appeal within the 60-day regulatory timeframe as required by 44 C.F.R. § 206.206(c). Timeliness aside, the Applicant has not demonstrated, pursuant to 44 C.F.R. §§ 206.223(a)(3) and 206.224(a)-(b) and eligibility requirements within FEMA Disaster-Specific Guidance #8, Debris Removal from Roadways in Private or Gated Communities and the PA Guide, that work performed to remove disaster-related debris from private roads was eligible under the Public Assistance Program. 

Summary Paragraph

FEMA prepared Project Worksheets (PWs) 192 and 7156 to document contract work to remove, reduce and dispose of debris deposited by Hurricane Charley throughout the City of Lake Mary (City).  FEMA deducted $102,366.80 in costs from PW 192 on the basis that the Applicant failed to demonstrate legal responsibility for 5,118.34 cubic yards of debris removed from private property.  The Applicant appealed FEMA’s deobligation and asserted that the provisions of its solid waste ordinance require the City to provide waste removal services at prescribed rates to all residents, and as a result, endow it, solely, with legal responsibility for the removal of all waste, including disaster-generated debris from private property.  Moreover, the Applicant contended that previous FEMA second appeal determinations validated using a local government’s solid waste ordinance as a means to establish legal responsibility for disaster-debris removed from private property.  The FEMA Region IV Regional Administrator denied the appeal, concluding that (1) the Applicant did not submit its appeal within the 60-day period pursuant to 44 C.F.R. § 206.206(c), and (2) a service agreement providing for routine yet limited, waste removal does not convey legal responsibility for private property debris removal.

Authorities and Second Appeals

  • Stafford Act § 423.

  • 44 C

  • 44 C.F.R. § 206.223(a)(3).

  • 44 C.F.R. § 206.224(a)-(b).

  • FEMA Debris Removal from Roadways in Private or Gated Communities

  • PA Guide, at 46.

     

Headnotes

  • Stafford Act § 423 and 44 C.F.R.

    § 206.206(c) provide statutory and regulatory timeframes for submitting appeals.

  • The Applicant did not submit its appeals within the 60-day timeframe.

  • According to 44 C.F.R. § 206.223(a)(3) and FEMA Disaster-Specific Guidance #8, Debris Removal from Roadways in Private or Gated Communities, an eligible applicant must be legally responsible for removing debris from private roads.

  • The Applicant did not sufficiently establish that it was legally responsible for removing debris from private roads.

  • Pursuant to44 C.F.R. § 206.224(a)-(b) and Disaster-Specific Guidance #8, Debris Removal from Roadways in Private or Gated Communities and the PA Guide, FEMA may reimburse costs associated with debris removal when it is necessary to eliminate an immediate threat provided that the Federal government is held harmless and indemnified from claims resulting from the work performed.

    • The Applicant did not establish that the debris on private roads was removed to serve the community at large in eliminating an immediate threat to lives, public health and safety.

    • The Applicant failed to provide written hold harmless and indemnification information as required by Disaster-Specific Guidance #8, Debris Removal from Roadways in Private or Gated Communities and the PA Guide.

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Debris Removal