Malibu residents hear from U.S. Army Corps of Engineers and county authorities
More than 700 Malibu homes burned in the Palisades Fire, and there are probably 700 questions that affected homeowners want answered about the complicated process of debris removal. The U.S. Army Corps of Engineers (USACE) and county authorities answered many of these questions at a nearly three-hour town hall in Malibu on Feb. 26.
The first step in the process is the removal of household hazardous materials. The U.S. Environmental Protection Agency (EPA) claims it has completed its Phase 1 removal of these hazardous materials from properties destroyed in the Palisades Fire. But in fact, the EPA has deferred hundreds of properties in Malibu and elsewhere in the burn area. So how do affected homeowners get their fire debris removed? It’s complicated and every property has different concerns.
One way to have debris removed is advertised as a free service by the USACE. This can be done even if a homeowner has no insurance. But there is a caveat: After signing a Right of Entry (ROE) form, the homeowner indemnifies the USACE and their subcontractors who perform the service from any damage to their property that might occur. The USACE is estimating that it will clear all Palisades Fire parcels that opt in by January 2026. There can be delays if ROEs are not properly signed. Accuracy is important to prove ownership of the property before work begins. Those who opt in will be called 72 hours in advance of demolition and debris removal and owners and their friends or contractors can be present during the process.
According to USACE Col. Brian Sawser, the process begins with a “360 degree walk-through. We’re going to talk about your foundation, if you’ve elected to take your foundation. We’re going to try to describe what that looks like. Likely we are not going to know how thick your foundation is, because we’re not going to have specs. We’ve seen everything from 6-inch slabs on grades to almost 3-foot footers.
“We’re pulling out some considerable concrete as we move through this process in some cases. We will talk to you about that. Septic tanks in Malibu will definitely be a part of the conversation. There’s going to be a general understanding between us on the government side, the contractor and the homeowner exactly how the debris removal is going occur.”
Sawser confirmed the work is done with “heavy equipment” which could be a concern to homeowners trying to preserve other areas on their parcel, but some hand collection is actually happening currently on beachside properties.Sawser indicated pools and septic tanks are not removed by USACE and would be covered with plywood.
For those with insurance, according to Chris Sheppard of LA County Public Works, “The ROE asks you to assign that insurance for debris removal over to the county. We are collecting those on behalf of FEMA because FEMA is not allowed to provide a duplication of benefits.” Sheppard added that “collection only occurs after debris removal is completed, and in some cases, not until rebuild is completed as well.”
After USACE debris removal there may be some other material to remove including septic systems, foundations, pools, driveways and more.
“None of this is to remove that material and then only after all the debris removal work is done, including your owndebris removal,” Sheppard said. “Then whatever’s remaining of the debris removal portion only would be what is askedto be remitted to the county, and then we actually send that back to FEMA.”
Sheppard added, “If you do have other debris that’s not covered by the program such as septic tanks and you need to dip into your debris removal portion of your insurance, you can do that. Then, the county will only be able to collect whatever’s remaining from that debris removal portion of your insurance. [This is consistent with statements from other federal and county officials, but is nowhere found in the ROE, which in section B.1.i requires assignment of all insurance benefits to the county, authorizes payment solely to the county, and suggests the fire victim may request a refund from the county if the victim incurs any debris removal costs.]
“Each property is unique and [the cost] is not something that’s known up front. There will be a final accounting at the end of what that cost is. In our experience from past fire events, those costs typically far exceed what’s available in insurance policies. I know that everyone has a different insurance policy, so $100,000 may be closer to what the cost is.”
The county representative said he was trying to get estimates of what debris removal might cost privately.
“Each project is so unique and we have some past fire examples, but they were in different areas,” Sheppard said. “He threw out the number “$180,000 per property” as “just an example.”