Complicated process finally becoming more clear
Some 9,000 properties were destroyed in the Palisades Fire, leaving victims scrambling to start the rebuild process. Navigating the complicated process involving multiple jurisdictions, including the U.S. Army Corps of Engineers, Federal Emergency Management Agency, Los Angeles County and the City of Malibu, can be confusing, but nownearly two months after the fire tore through Malibu and displaced hundreds of families, LA County finally has a path for debris removal, especially for the hundreds of parcels that were deferred to Phase 2 of the debris removal process.
The Environmental Protection Agency was tasked with household hazardous debris removal from all Los Angeles County properties that burned in the Palisades and Eaton Fire, with a mandate to finish the job in one month’s time.Last week, EPA officials stated they completed their debris removal in just under that monumental deadline; however, in their triumphal announcement, officials failed to mention that a full one-third of those parcels in the Eaton Fire zone and the Palisades Fire zone were deferred. This was confirmed for Malibu properties by the City of Malibu’s Environmental Sustainability Director and Building Official Yolanda Bundy who is still tallying the final figures on deferment through a hand count process. Bundy did confirm a total of 610 homes within the city’s limits destroyed.This does not account for hundreds of others just outside city limits but still in the 90265 postal code area which is not under her jurisdiction.
Homeowners with deferred properties have a tough decision to make: whether to opt into the U.S. Army Corps of Engineers debris removal right of entry or to opt out and remove debris privately. It’s a daunting decision. The county and the USACE tout their option is beneficial because there is no out-of-pocket costs to homeowners. If a homeowner has a line-item debris removal as part of an insurance policy, the county will dip into that at an undisclosed time. County officials say they will collect after private debris removal occurs; however, their contract indicates it could take insurance proceeds immediately. These are important details generally not discussed at public debris removal town halls due to their complexity. It becomes more clear when reading the opt-out form right of entry in detail. Homeowners without insurance are eligible for free debris removal too.
Once one reads the long opt-in form and contract, a homeowner needs to sign in order to have the USACE remove fire debris. The biggest potential downside is that signing an opt-in form completely indemnifies the USACE for all damages that might occur, including future issues that could arise after their scope of work is finished or even if damage is caused to a neighboring property. A neighbor could potentially file suit against a next-door homeowner due to damage ultimately caused by the government’s debris removal process, but even with umbrella insurance, the homeowner could be held responsible for damage caused even mistakenly by the USACE.
This is just one reason why the opt-out option for private debris removal appears more appealing than opting in for many reading the fine print. But for the first weeks after the fire a stable system was not in place for homeowners wishing to opt out despite the county directing homeowners to its website EPICLA in order to do so. The website had glitches and was unable to accommodate users, not to mention a confusing set of guidelines.
Since most properties that were deferred are likely on slopes or are difficult to access the decision whether to opt in or out brings unique challenges to debris removal. Each homeowner must weigh the pros and cons of who will do the difficult work in a timely and meticulous manner.
Those opting out must first fill out an opt-out form online at forms.office.com/g/E.
Then the homeowner can hire a certified hazardous material and asbestos removal contractor to do the work. No permit is required according to an employee at the LA County Debris Removal Hotline at (844) 347-3332. Once the property is cleared of household hazardous debris and asbestos, the contractor must upload a report at no charge to Bridgefire@pw.lacounty.gov. According to the county, after the report is received, authorization can be granted for Phase 2 fire debris removal. There is no timeline available for this process.
Phase 2 debris removal does require a permit from the county at no charge. Contractors must submit their licenses and certifications to receive a permit through the county’s EPICLA website under Eaton and Palisades Fire Debris Removal Permits. After the county verifies licenses, a permit may be issued at no charge to the homeowner again, with no timeline assurances from the county.
As a March 31 deadline looms for opting in or out, there is no word yet from the county if that deadline will be extended.