My early (mis)adventures in the rebuilding process
You can’t make this stuff up! That’s what I tell people who ask about how my rebuild is going after losing my home in the Palisades Fire. It’s been six weeks, and I’ve been ready to go from day one, and with the help of federal, state, and local government, I have been making good progress.
Just kidding.
I’ll give credit to my wonderful architect, who despite suffering damage at his Malibu home and being forced to get a rental, is ready to submit plans for a new house. And the same with my contractor, who just completed an extensive remodel on my home that was lost to the fire. He’s ready to go, despite the fact he’s been unable to access my property due to PCH’s closure to residents, residents with passes, certified hazmat removal companies, licensed debris removal companies, and anyone else who doesn’t fit into one of three categories: emergency crews, utility crews, and, based on a perusal of my Instagram feed, random influencers with 50 followers looking for content (heartbreak emoji).
Mere days after the fire, the County Department of Public Health leapt into action, issuing a Local Health Emergency Order that cited Gov. “Newsome’s” declared State of Emergency (Yes, that’s how they spelled his name. In their defense, he has only been the lieutenant governor or governor of California for 14 years). Cutting through bureaucracy and red tape, the Department of Public Health ordered that no cleanup or removal of fire debris could occur without a hazardous materials inspection from the EPA or similar government agency. And if anyone seeks to opt out of the government debris removal program, they first must obtain permission of the county before beginning any debris removal.
Now, our architect told us he was still dealing with the aftermath of the U.S. Army Corps of Engineers (USACE) destroying his clients’ foundations and septic systems following the Woolsey fire, and he urged us to get a private contractor in to inspect and test before considering opting in.
So we waited for the EPA to conduct its Phase 1 hazmat removal. And waited. And waited. A month passed since the fire. The EPA had not undertaken the hazardous material removal of a single Malibu home.
Finally, last Wednesday, good news — the EPA had arrived, and on the EPA website, every house in my street was now colored purple. So we could finally proceed.
Just kidding.
Purple means “deferred to Phase 2.” Put another way, it means the EPA isn’t doing hazmat removal on your property.Instead, the USACE will do the hazmat removal in conjunction with its debris removal. All you need to do is sign the Right of Entry (ROE) form. The ROE, the document that folks who had just lost all their possessions were urged to sign by government officials in press conferences, on webinars, and in TV interviews. The USACE hinted that since efficiency dictated that adjoining properties be done at the same time, you should convince your neighbors to sign up right away. As the county’s LA County Recovers website states, “getting your forms in early, and encouraging your neighbors to do so as well, will speed the work in your neighborhood.” Who wants to be a bad neighbor?
The website’s FAQ states in response to the question “What is a Right of Entry form?”: “A right of entry form authorizes the government to access eligible properties to clear burned debris, destroyed structures, damaged vehicles, vessels, and chimneys, also referred to as Phase 2.”
Fortunately, the ROE is a simple one-page form that simply says that you allow the USACE to come on to your property and do all the necessary removals. Plus, it allows you to tell the USACE not to touch your foundation and septic. And if anything goes wrong, the USACE will stand behind its work.
Just kidding.
The releases, waivers of liability, and indemnification clauses start on page 6 of the 12-page document, where the fire victim “releases the Government from all liability for any damage or loss whatsoever that may occur during or after the Program.” The quoted language is helpfully bolded for anyone still reading once you get to page 6.
OK. Let’s say the private for-profit contractor hired by the USACE (USACE employees are not actually conducting the debris removal) destroys your foundation. What is your recourse? Well, the ROE says “Owner may submit a complaint regarding any improved property that Owner believes was damaged as a result of negligence during the Program operations at recovery.lacounty.gov.” It took repeated calls and working my way all the way up to Col. “We operate at the speed of trust” Swenson, commander of the USACE Recovery Field Office, to confirm that lodging a complaintprovides no recourse to the property owner, who has signed a general release. It may, however, make you feel better. Hard to say. Of course, the ROE provides only two options, “Foundation will be removed by the Government” OR“Owner will be responsible for the removal of their foundation,” so saving a foundation (or even not removing a damaged hillside foundation, which removal can be disastrous to stope stability) isn’t even contemplated.
Well, OK, but what if that company contracted by the USACE comes in and negligently knocks down a tree that lands on your neighbor’s still-standing property? Can they sue the government? Sure, they didn’t sign an opt-in, and the resulting waiver of all legal rights. That should keep everyone careful, knowing that they’re still on the hook.
Just kidding.
The ROE also requires that the fire victim “indemnify, hold and save harmless the Government from any and all claims, damages or losses arising out of the Program activities carried out pursuant to this ROE.” In other words, when your neighbor sues the government, the government tells you that you’re the one who needs to reimburse your neighbor. Good thing you kept your umbrella policy. (Except insurers generally view indemnification as a contractual liability not covered by them.)
Did I mention that if you opt in, property may not be cleared until January 2026, possibly later? Oh, and even though the opt-in authorizes the government to “conduct … biological monitoring for environmental … preservation,” as announced five weeks after the fire and long after the ROE went live, USACE will no longer test the soil for contaminants on completion, as it had previously done in all its residential wildfire cleanups.
Well, maybe you should opt out, then. Unfortunately, when you download the opt-out form, the first requirement to participate is “US EPA Phase 1 clearance.” Which I, every house on my street, and over 100 others in Malibu alone will never get, as the EPA put them in deferred status. No one has an answer to this yet, not the EPA, not the US ACE, not the county, not Supervisor Lindsey Horvath’s office. The deadline to opt in or opt out is March 31.
But, as the opt-in form notes, “Participation in the Program is voluntary.”
Looking to clear my head, I took a trip to the Los Angeles Disaster Recovery Center at the old Westside Pavilion, now renamed UCLA Research Park West. Perhaps I’ve watched too many “Scooby-Doo” episodes, but this center looks more like an abandoned amusement park. Guided to the underground garage by crudely hand-lettered signs, directed from street level (helpfully named level B) to one floor below (helpfully named level G), luckily there was no wait at the registrar’s booth to get copies of my birth and marriage certificates, advertised as a free service to fire victims. Hopefully, the email I received stating that they would be sent after payment was completed was just a glitch.
Worried about my mental state, my husband made a beeline to the suicide prevention booth. He reported back that it was unmanned, but a bowl of chocolate-covered almonds had been left for those at the end of their rope.
Not kidding.
To reiterate, you can’t make this stuff up.
This is a personal column that was requested by the publisher to share our journalist’s personal journey in rebuilding her home following the Palisades Fire.
