Experiences Gained: Using FEMA’s Debris Removal Alternative Procedures
In Vilano Beach, Florida, heavy construction equipment was used to clear beach debris caused by hurricane Matthew hitting along the east coast of Florida on October 7, 2016. Photo courtesy of FEMA.
Without a comprehensive debris management plan, the debris removal process can escalate into one of the most difficult and expensive response tasks after a natural disaster. To reduce costs and accelerate the process, FEMA introduced debris removal alternative procedures. Yet despite cost benefits and incentives for quicker debris removal, few localities have taken advantage of the alternative procedures.
FEMA’s four debris removal alternative procedures were implemented as part of the Sandy Recovery Improvement Act (SRIA). The alternative procedures include:
- Accelerated Debris Removal–Increased Federal Cost Share (Sliding Scale): FEMA reimburses 85 percent of costs incurred during the first 30 days, 80 percent during the next 60 days, and 75 percent for the following 90 days. After 180 days, reimbursement is no longer provided without the approved request for an extension.
- Recycling Revenues: Applicants may retain revenues received through recycling eligible disaster debris. They may only use these funds for approved recovery-related projects, but it serves as another means to increase the amount reimbursed. See IBTS’s disaster debris recycling guide to learn more about debris recycling.
- Straight Time Force Account Labor: When subrecipients use their own labor forces to perform all or part of debris removal operations, FEMA will reimburse, at the appropriate cost share level, the base and overtime wages for existing employees and hiring of additional staff.
- Debris Management Plans: Communities with a pre-existing Debris Management Plan approved by FEMA will receive a one-time 2% increase in debris removal reimbursement levels. Create or update a FEMA-approved debris removal plan using the IBTS OnHAND Debris Management Plan Wizard.
The city of Port Orange, Florida, is one of the few communities that has taken advantage of the alternative procedures. Port Orange Assistant City Manager Alan Rosen oversaw the implementation of two debris removal alternative procedures after Hurricanes Matthew and Hermine. The city worked to accelerate debris removal, submitting $2.6 million at the 85 percent reimbursement level – meaning it was completed within the first 30 days – and also used force account labor.
“It was a huge benefit for us to get more money by doing it more quickly. It makes sense to do it. The faster you remove debris, the better it is for the economy, health, welfare and safety of a community,” Rosen says.
Although localities can reap major benefits from accelerating debris removal to fit into FEMA’s 30, 60 and 90 day brackets, in many cases, it’s easier said than done. Even with the advance notice and ample time to prepare that comes with a hurricane, Rosen says it’s “artificially difficult” to complete debris removal within 30 days of a disaster.
“You can be two to three weeks into the disaster before you are able to start actually clearing debris,” Rosen says. “The incident period for Matthew began five days before it even hit us. By the time we pushed the debris off of the roadways and had our crews up and running, we had already used up 10-12 days of the 30 day window.”
Despite a few setbacks, Rosen walked away from the experience optimistic about the benefits FEMA’s alternative procedures provide for localities that take advantage of them. Given his experience implementing alternative procedures in Port Orange, Rosen offers his lessons learned and best practices for taking full advantage of the new procedures.
Lesson #1: Have a Debris Management Plan to Accelerate Debris Removal
With FEMA’s new one-time, two percent increase in debris removal reimbursement levels for localities that have a debris management plan, debris removal planning has never been more cost-effective and beneficial to communities. Yet it’s still frequently overlooked by many localities; even if you don’t plan to use the alternative procedures, debris management planning can set your locality up for a faster, more cost-efficient debris removal process.
“The quicker to respond and better prepared you are, the better you come out of it,” says Rosen. But despite sound preparation, localities need to be ready for the unexpected. In Port Orange, for example, their seemingly diligent planning was put to the test.
“We made the mistake of using the landfill as a preliminary debris staging site,” says Rosen. “People were bringing stuff there on their own and our trucks got stuck in long lines, which delayed picking up more debris. Try to avoid using the landfill as the preliminary staging site if possible – all of the debris will end up there anyways.”
Ensure that all stakeholders in your locality – emergency managers, local appointed and elected officials, finance directors, local solid waste providers and environmental agencies – review and update your debris removal plan annually, if not more often.
And be sure to have multiple sites pre-identified for debris staging, which in many cases requires annual approval. Ideally, Rosen says staging areas should be close to the disaster area and if possible, on public land – this prevents potentially costly or complicated lease agreements. If you do have to use emergency contracts to switch or add debris removal staging sites, make sure at least one local leader is on-site at the time of the contract signing and bring in lawyers to coordinate the legal aspects of the contracts to ensure compliance and prevent escalating costs.
It’s important to take the time during disaster planning to weigh the benefits and potential impacts of potential debris staging areas: is it too close to a school, church, hospital or residential area? What will the impact of noise, dust and traffic be on surrounding areas? Is it near an environmentally sensitive area, like a wetland, well field or rare animal species? If these considerations aren’t taken into account until you’re forced to make a last-minute decision after a disaster hits, they can result in costly legal or environmental ramifications.
Lesson #2: Use a Combination of Local and Contracted Resources
Debris from home damaged in Hurricane Matthew waits to be picked up. Photo courtesy of FEMA.
To speed up the “initial push” of clearing debris from roadways, Rosen recommends using a combination of in-house resources and outside contractors. But be aware that all service providers must sign contracts that are in CFR 200 compliance, which prohibits localities from giving preference to local companies. To ensure local contractors are in compliance, contracts should specify that the contractor is able to respond in “XX” number of hours to provide justification for using that particular contractor.
“It took us 72 hours after Matthew, but ideally you can shorten this phase down to 24 hours,” Rosen says of the initial push.
Rosen also stresses the importance of having contracts in place with both debris removal contractors and with debris monitoring contractors. FEMA requires debris removal monitoring to ensure all Public Assistance (PA) funded debris removal is compliant with program guidelines. The initial debris removal push does not need to be monitored, however monitoring is required for all other debris removal funded through PA.
It’s important to have a plan in place for debris monitoring because debris removal can’t commence until debris monitors are present. Rosen recommends using a combination of local staff and contractors for debris monitoring. FEMA offers free debris monitoring training for local staff that can be used to train staff who may not play a central role in disaster recovery during the debris removal process.
“You will have staff considered essential employees who have to report to work and be paid, but may not have work to do,” Rosen explains. “You can use them as debris monitors, but make sure they are capturing all of the necessary data – especially with the local trucks.”
However, Rosen notes that using contracted debris monitors also provides advantages because they have geolocation equipment that can track where debris removal trucks are at all times. A combination of contracted local debris monitoring resources allows for quick yet reliable service.
To further accelerate the process, Rosen recommends calling debris removal and debris monitoring contractors ahead of the storm and asking them to stage their equipment and staff nearby. Using regional contractors can prevent resistance to staging pre-storm that can occur if contractors have to pay to shelter their staff in order to stage before a storm.
See FEMA’s “Public Assistance Debris Monitoring Guide” and debris monitoring fact sheet for more information.
Lesson #3: Know what Expenses are Reimbursable by FEMA
A FEMA public information officer walks by state transportation vehicles involved in debris removal and military personnel providing security in this area affected by the deadly May 20 tornado in Moore, Oklahoma. At the time, FEMA was determining if they would reimburse the state for debris removal expenses under Category A, Public Assistance. Photo courtesy of FEMA.
Before a disaster, it’s important that localities have a firm understanding of what debris removal expenses are eligible for reimbursement from FEMA. If not, you may end up with a much higher debris removal cost than initially anticipated and budgeted for. FEMA’s new alternative debris removal procedures make several changes to reimbursable expenses.
The alternative procedures allow for localities to be reimbursed for the base and overtime wages of local staff used to complete debris removal and monitoring activities. However, Rosen notes that FEMA will only pay overtime wages if there is a written policy in the community; “FEMA won’t reimburse for overtime on exempt or salaried employees if you claim it as a result of a federal disaster,” he explains.
In rural areas especially, it’s also essential that local governments have a plan for debris removal on private roads and undeveloped land, which FEMA generally does not reimburse for. Gated communities, farm roads and the roads connecting them are oftentimes private roads, not county roads. FEMA will reimburse for debris removal on private roads if it can be shown that the debris affects public safety and the economic recovery of the city as a whole.
Be aware that all property owners must indemnify the local government to have legal authority to act. This means the federal government is not liable for things like mailboxes or irrigation lines that might get damaged during debris removal. Rosen suggests getting the indemnification and hold harmless agreement from all property owners each year before the start of the disaster seasons that impact your locality (such as hurricane or flood season).
Likewise, localities can also consider implementing a local ordinance that approves important private roads for debris removal in a declared disaster with indemnification, hold harmless and right of entry. You won’t need annual approval if you codify it into local law. See more IBTS tips for debris removal in rural communities.
Relevant legislation, policy or regulation:
Sandy Recovery Improvement Act of 2013. Pub. L. 113-2, div. B, Jan. 29, 2013