Category Archives: Specific Hazards

CBP & ICE Statement on Hurricane Harvey

CBP & ICE Statement on Hurricane Harvey

The U.S. Immigration and Customs Enforcement (“ICE”) & U.S. Customs and Border Protection (“CBP”) will not be conducting routine non-criminal immigration enforcement operations at evacuations sites or assistance centers such as food banks or shelters. The intent is to ensure everyone is focused on the safety and security during the response efforts. However, the agencies will remain vigilant to any criminal activity that seeks to take advantage of the disruption caused by Hurricane Harvey.

Read the full statement from CBP & ICE by clicking here.

U.S. Army Corps of Engineers Regulatory Mission

U.S. Army Corps of Engineers Regulatory Mission

This is a great new video that briefly summarizes how the U.S. Army Corps of Engineers (USACE) gets involved with regulating and protecting our nation’s waterways and other natural resources. Again, there’s not much detail, but it gives a good overview of how USACE fits into the big picture.

 

Texas Notice: HazMat Emergency Preparedness Sub-Grant Application

Texas Notice: HazMat Emergency Preparedness Sub-Grant Application

TDEM has published the notice on HMEP sub grants on September 19, 2016. The deadline to respond to the RFA is October 17, 2016.

On September 30th, the Texas Division of Emergency Management (“TDEM”) published the Request for Applications (“RFA”) notice for the Hazard Mitigation Emergency Preparedness (“HMEP”) grant program in the Texas Register. HMEP gives funds for the Local Emergency Planning Committees (“LEPC”) for furthering work in hazardous materials transportation emergency planning. This grant is through the U.S. Department of Transpiration, and is an 80% cost share program. Only LEPC’s may apply.

The deadline is October 17, 2016.

For more information, see the links below:

Texas Register Notice #TRD-201604827

TDEM Notification Letter

LEPC Planning Guide

Over 80 Communities at Risk of Losing NFIP Insurability

Over 80 Communities at Risk of Losing NFIP Insurability

FEMA published the list of 86 communities that will lose eligibility to purchase Flood Insurance on July 6

On Tuesday, May 24, 2016, FEMA published a list of 86 communities that would lose the ability to purchase Flood Insurance under the National Flood Insurance Program (“NFIP”) if specific actions were not taken by July 6, 2016. 44 CFR Part 59 requires that communities communities meet certain floodplain management measures before the effective date of the suspension (which are all dated July 6, 2016 for the current list).

The NIFP allows homeowners to purchase flood insurance that is normally not available through private insurance firms if their communities adopt appropriate floodplain management measures. These measures must include both measures to manage the floodplain and enforce those measures. These measures must be in compliance with 42 USC § 4102 (Criteria for Land Management and Use).

If a community does not address the issues that FEMA notified them of before the suspension, no federal finical assistance may be provided for “construction or acquisition of buildings in identified [Special Flood Hazard Areas]. This means, current policy holders could likely to keep their insurance; while new homeowners would face the possibility of not having the same insurability. This prohibition does not impact financial assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act not in connection with a flood though.

The 86 communities on the current list are in the states of Louisiana, Maine, Massachusetts, and New Mexico. To view the whole list, visit the Federal Register pages 32661-32664 by clicking here.

Do City Codes Still Apply After a Disaster?

Do City Codes Still Apply After a Disaster?

Rowlett, TX Residents are getting notices to clean up their yards during recovery.

This is a good piece by WFAA in Dallas, Texas. The City of Rowlett Northeast of Dallas was hit by a tornado just after Christmas this past year and an interesting move by the City. In summary, the City began putting out notices of violations for yards being neglected per City Ordinances (i.e. grass too tall). The interesting part about this is, the city isn’t trying to crack down on anything. They’re just trying to find out who’s not working on recovering from the devastation so they can provide attention as necessary.

Personally from my experience with warning notices and such, I would have recommended that the city use different styled and colored notices of violation. One that is more tailored to the situation. When I was an Military Policemen we handed out what we called “Got-ya” tickets to let people know that they had let their personal property unattended and susceptible to theft (one of our largest problems on the installation). The ticket was designed in a way that it would alert people that they did something and we were trying to help; without shocking them that they were in trouble and become defensive. I liken the “got-ya” tickets to this situation since the city is really trying to identify problem properties; more than crack down on people.

Though the standard code compliance warning does the job of shocking the owner into either calling the city or cleaning up their yard; it also might do some damage for community relations between the constituency and the municipality. I would be interested to see if there is any political/bureaucratic fallout from this well intentioned move.

See the WFAA Report Here

City of Rowlett Press Release on Abandoned or Destroyed Structures Here

City of Rowlett “Code Compliance and the Remediation and Demolition of Substandard and Dangerous Structures” available Here

Visit the City of Rowlett’s Code Enforcement Department Web page Here

 

Texas Adds 20 Counties to the Presidential Disaster Declaration

Texas Adds 20 Counties to the Presidential Disaster Declaration

FEMA released the Presidential Disaster Declaration for 20 more counties Texas impacted by severe weather, tornados, and flooding the state has experienced since May 4th.

The Federal Emergency Management Agency released a statement regarding the Presidential Disaster Declaration for the State of Texas, adding twenty counties. The additional counties include: Bastrop, Blanco, Caldwell, Denton, Eastland, Fort Bend, Gaines, Guadalupe, Henderson, Hidalgo, Johnson, Milam, Montague, Navarro, Rusk, Smith, Travis, Wichita, Williamson and Wise. (This is in addition to Harris, Hays, and Van Zandt counties which received a disaster declaration late last month). As many may know the State has experienced severe storms, tornados, straight-line winds, and flooding since May 4th, and is still ongoing. The declaration makes grants available for temporary housing and home repairs, low-cost loans to cover uninsured property losses and other programs individuals and business owners can use to recover from the disaster’s impacts.

Individual Assistance (Households and Businesses)

The declaration makes grants available for temporary housing and home repairs, low-cost loans to cover uninsured property losses and other programs individuals and business owners can use to recover from the disaster’s impacts. For specifics on what you may qualify for it is important to visit www.disasterassistance.gov or call 1-800621-FEMA (3362). The toll-free number will operate between 7AM and 9PM seven days a week until further notice. Below are summaries of the programs available, it is important to note though, you must apply to FEMA for the assistance, it is not an automatically applied for you.

Rental Assistance for Temporary Housing: Initial assistance may be provided for up to three months for homeowners and at least one month for renters.  Assistance may be extended if requested after the initial period based on a review of individual applicant requirements.

Home Repair/Fixture Replacement Grants: Grants for home repairs and replacement of essential household items not covered by insurance to make damaged dwellings safe, sanitary and functional.

Immediate Personal Property Replacement Grants: Grants to replace personal property and help meet medical, dental, funeral, transportation and other serious disaster-related needs not covered by insurance or other federal, state and charitable aid programs.

Unemployment Compensation: Unemployment payments up to 26 weeks for workers who temporarily lost jobs because of the disaster and who do not qualify for state benefits, such as self-employed individuals.

Low Interest Loans for Uninsured Losses: Low-interest loans to cover residential losses not fully compensated by insurance.  Loans available up to $200,000 for primary residence; $40,000 for personal property, including renter losses.  Loans available up to $2 million for business property losses not fully compensated by insurance.

Low Interest Small Business, Non-Profit & Agricultural Loans: Loans up to $2 million for small businesses, small agricultural cooperatives and most private, non-profit organizations of all sizes that have suffered disaster-related cash flow problems and need funds for working capital to recover from the disaster’s adverse economic impact.  This loan in combination with a property loss loan cannot exceed a total of $2 million.

Low Interest Agricultural Property Loss Loans: Loans up to $500,000 for farmers, ranchers and aquaculture operators to cover production and property losses, excluding primary residence.

Other Miscellaneous Assistance: Crisis counseling, income tax assistance for filing casualty losses, legal advice assistance, veteran’s benefits, and social security matters.

Public Assistance

Federal funding has also been made available for some local governments and select non-profits (on a cost sharing basis) for emergency work and repair/replacement of facilities damaged by the severe weather and flooding. Local governments and select non-profits can find out more about application procedures at the federal and state applicant briefings hosted by recovery officials in the near future. Local governments can apply for assistance in:

Cost Sharing of Expenses from Lifesaving Measures Taken: Payment of not less than 75 percent of the eligible costs for emergency protective measures, including direct federal assistance, taken to save lives and protect property and public health. Emergency protective measures assistance is available to state and eligible local governments on a cost-sharing basis.

Cost Sharing of Repair/Replacement of Public Infrastructure: Payment of not less than 75 percent of the eligible costs for repairing or replacing damaged public facilities, such as roads, bridges, utilities, buildings, schools, recreational areas and similar publicly owned property, as well as certain private non-profit organizations engaged in community service activities.

Cost Sharing of Hazard Mitigation Projects During Recovery: Payment of not more than 75 percent of the approved costs for hazard mitigation projects undertaken by state and local governments to prevent or reduce long-term risk to life and property from natural or technological disasters.

Texas Receives Presidential Disaster Declaration

Texas Receives Presidential Disaster Declaration

FEMA released the Presidential Disaster Declaration for Texas early this morning due to the severe weather, tornados, and flooding the state has experienced since May 4th.

Early this morning, the Federal Emergency Management Agency released a statement regarding the Presidential Disaster Declaration for the State of Texas (which includes Harris, Hays, and Van Zandt counties). As many may know the State has experienced severe storms, tornados, straight-line winds, and flooding since May 4th, and is still ongoing. The declaration makes grants available for temporary housing and home repairs, low-cost loans to cover uninsured property losses and other programs individuals and business owners can use to recover from the disaster’s impacts.

Individual Assistance (Households and Businesses)

Though damage assessments are ongoing (which may cause more counties to be added to the disaster declaration) the federal assistance programs have been made available for individuals in: (i) Harris, (ii) Hays, and (iii) Van Zandt counties. The declaration makes grants available for temporary housing and home repairs, low-cost loans to cover uninsured property losses and other programs individuals and business owners can use to recover from the disaster’s impacts. For specifics on what you may qualify for it is important to visit www.disasterassistance.gov or call 1-800621-FEMA (3362). The toll-free number will operate between 7AM and 9PM seven days a week until further notice. Below are summaries of the programs available, it is important to note though, you must apply to FEMA for the assistance, it is not an automatically applied for you.

Rental Assistance for Temporary Housing: Initial assistance may be provided for up to three months for homeowners and at least one month for renters.  Assistance may be extended if requested after the initial period based on a review of individual applicant requirements.

Home Repair/Fixture Replacement Grants: Grants for home repairs and replacement of essential household items not covered by insurance to make damaged dwellings safe, sanitary and functional.

Immediate Personal Property Replacement Grants: Grants to replace personal property and help meet medical, dental, funeral, transportation and other serious disaster-related needs not covered by insurance or other federal, state and charitable aid programs.

Unemployment Compensation: Unemployment payments up to 26 weeks for workers who temporarily lost jobs because of the disaster and who do not qualify for state benefits, such as self-employed individuals.

Low Interest Loans for Uninsured Losses: Low-interest loans to cover residential losses not fully compensated by insurance.  Loans available up to $200,000 for primary residence; $40,000 for personal property, including renter losses.  Loans available up to $2 million for business property losses not fully compensated by insurance.

Low Interest Small Business, Non-Profit & Agricultural Loans: Loans up to $2 million for small businesses, small agricultural cooperatives and most private, non-profit organizations of all sizes that have suffered disaster-related cash flow problems and need funds for working capital to recover from the disaster’s adverse economic impact.  This loan in combination with a property loss loan cannot exceed a total of $2 million.

Low Interest Agricultural Property Loss Loans: Loans up to $500,000 for farmers, ranchers and aquaculture operators to cover production and property losses, excluding primary residence.

Other Miscellaneous Assistance: Crisis counseling, income tax assistance for filing casualty losses, legal advice assistance, veteran’s benefits, and social security matters.

Public Assistance

Federal funding has also been made available for local governments and select non-profits (on a cost sharing basis) for emergency work and repair/replacement of facilities damaged by the severe weather and flooding in: (i) Cooke, (ii) Gaines, (iii) Grimes, (iv) Harris, (v) Navarro, and (vi) Van Zandt counties. Local governments and select non-profits can find out more about application procedures at the federal and state applicant briefings hosted by recovery officials in the near future. Local governments can apply for assistance in:

Cost Sharing of Expenses from Lifesaving Measures Taken: Payment of not less than 75 percent of the eligible costs for emergency protective measures, including direct federal assistance, taken to save lives and protect property and public health. Emergency protective measures assistance is available to state and eligible local governments on a cost-sharing basis.

Cost Sharing of Repair/Replacement of Public Infrastructure: Payment of not less than 75 percent of the eligible costs for repairing or replacing damaged public facilities, such as roads, bridges, utilities, buildings, schools, recreational areas and similar publicly owned property, as well as certain private non-profit organizations engaged in community service activities.

Cost Sharing of Hazard Mitigation Projects During Recovery: Payment of not more than 75 percent of the approved costs for hazard mitigation projects undertaken by state and local governments to prevent or reduce long-term risk to life and property from natural or technological disasters.

Read the Press Release on the Disaster Declaration here.

Visit FEMA’s Disaster Assistance Website here.

Visit a list of all assistance available for application on diasterassistance.gov here.

Minimizing Liability for Displaced Children Post-Disaster

Minimizing Liability for Displaced Children Post-Disaster

How can a local agency minimize their liability while caring for children displaced after a disaster? Possibly by shortening the timeframe the children are in their custody.

After a disaster or emergency, families can become separated from each other. This causes a serious issue when trying to protect children from potential neglect and abuse at the hands of one’s own agency. Though claims of abuse can end up unfounded, the mere threat of a lawsuit and the publicity that would follow it would be enough to scar any local government or public safety agency for generations. So how do you minimize the risk the agency is exposed to while trying to reunite families after a disaster? One of the easiest things to do is get the families reunited faster. Now, the National Center for Missing and Exploited Children (NCME) has developed a system to assist local agencies with doing just that.

Three systems available to state and local authorities:

1. The National Emergency Child Locator Center

The National Emergency Child Locator Center is activated during presidentially declared disasters. In the event of a natural disaster, the center will: (i) establish a toll-free hotline to receive reports, (ii) create a website to provide information about displaced children, (iii) deploy staff to gather information about displaced children, (iv) provide information to public about additional resources available, (v) partner with law enforcement agencies at various levels, and (vi) refer reports of displaced adults to the Attorney General’s designated authority.

Visit the Site here.

2. The National Emergency Family Registry and Locator System (NEFRLS)

The National Emergency Family Registry and Locator System was established to facilitate the reunification of families separated as a result of a presidentially-declared emergency or major disaster. NEFRLS is a web-based system enables authorities to provide a nationally accessible system that allows displaced adults to voluntarily register and share specific information on their post-disaster well-being or location with specified family members or friends. Registration is voluntary and can be done either online or via a toll-free phone number. No citizenship or immigration status questions are asked when registering.

Visit the site here.

3. The Unaccompanied Minors Registry

the Unaccompanied Minors Registry allows the public to report information related to children who have been separated form their parents as the result of disaster. This tool enables NCMEC to provide assistance to local law enforcement and assist in the reunification of displaced children with their parents or legal guardians. Reporting is done on the NCMEC’s secured (SSL) website and is encrypted.

Visit the site here.

 

Federal Assistance Granted for three Oklahoma Counties

Federal Assistance Granted for three Oklahoma Counties

FEMA has approved disaster assistance for 3 of the most severely hit counties in Oklahoma with more expected to come in the near future as damage assessments are completed. All 77 counties in Oklahoma remain under a state of emergency.

Oklahoma Governor Mary Fallin announced yesterday that FEMA has approved the state’s request for disaster assistance for three of the most severely hit counties in the state. Currently, all 77 counties in Oklahoma are under a state of emergency. The approval makes assistance available to individuals and business owners impacted by the flooding, tornados, severe storms, and straight line winds that occurred in Cleveland, Grady and Oklahoma counties since May 5th, 2015. FEMA has approved federal assistance for: (i) housing repairs or temporary housing, (ii) US Small Business Administration low-interest loans for individuals and business to repair or replace damaged property, (iii) disaster unemployment assistance, and (iv) grants for other needs and expenses not met by other programs. Though these three counties are the first to receive assistance, others may soon receive similar types of assistance in the near future as the damage assessments from storms striking other parts of the state since May 10th are still in progress.

Part of the request process for assistance from the federal government is completion of a damage assessment. This assessment tells the federal government what conditions on the ground are and expected to manifest into in the near future. This may seem like a bureaucracy at its finest, but it is imperative to complete. Without an accurate damage different state and federal agencies who are willing to provide assistance, may not provide the right assistance at the right time. For example, if you need assistance removing debris, having a National Guard or Army Reserve Engineer Battalion mobilized to assist would be a lot better than the Red Cross showing up with Coffee and Blankets (though this is merely an example to show the difference in assistance and support, the Red Cross does much more than hand out Coffee and Blankets. The American Red Cross is actually chartered by the federal government to oversee sheltering during disasters).

– Will

Read the Oklahoma Governor’s statement here.

Read the Oklahoma Governor’s Amended Executive Order here.

Visit Disaster Assistance.gov here.

Read FEMA’s Press Release from May 26th, 2015 here.

Texas Governor Expands Disaster Declaration

Texas Governor Expands Disaster Declaration

With the continued onslaught of severe weather and rising lakes and streams in the state, the Texas Governor expands the state disaster declaration to 46 counties in the state.

Texas has been experiencing one of the wettest–and most turbulent ones as far as severe weather goes–months since the 1980’s. All the severe weather does come with consequences however. The biggest step in the process of getting any outside aid to an area (especially from the federal level) is a disaster declaration from the State.

State Disaster Declaration Effects:

The State of Texas is limited to providing only in-kind assistance from individual agencies to counties and municipalities encompassed by a disaster declaration. A state disaster declaration comes after the request of a county and municipal emergency managers (County Judge and Mayor respectively). A state disaster declaration does allow for: (i) additional liability protection to government agencies and special/volunteer emergency workers, (ii) implementation of economic stabilization measures (e.g. wage, rent and price controls), (iii) curfews, (iv) access control, (v) implementation of curfews, and (vi) suspension of select codes and ordinances. These measures are only implemented to support response and recovery from a disaster or emergency condition. (i.e. if curfew is not needed, it would not be used).

Federal Disaster Declaration Effects:

The Federal Government is able to provide both in-kind and financial assistance to counties and municipalities encompassed by a disaster declaration. A federal disaster declaration is made by the President of the United States after request by the governor of a state. Federal disaster assistance comes in two forms: (1) Individual/Household Assistance and (2) Public Assistance. Individual/Household Assistance comes in the form of uninsured: medical care and evacuation, emergency shelters, food and clothing, mortgage and rent assistance, job placement, property cleanup and counseling. Public Assistance comes in one of seven different varieties aimed at supplementing available resources and help prevent conditions from developing which a community would not be able to reasonably recover.

Read the Governor’s Declaration here.

The current list of counties is:

  • Archer
  • Bastrop
  • Blanco
  • Bosque
  • Bowie
  • Caldwell
  • Cass
  • Clay
  • Collin
  • Comal
  • Cooke
  • Denton
  • Dewitt
  • Eastland
  • Fannin
  • Gaines
  • Garza
  • Grayson
  • Grimes
  • Guadalupe
  • Harris
  • Harrison
  • Hays
  • Henderson
  • Hidalgo
  • Hill
  • Hood
  • Houston
  • Jasper
  • Johnson
  • Kendall
  • Montague
  • Navarro
  • Newton
  • Nueces
  • Parker
  • Red River
  • San Jacinto
  • Smith
  • Van Zandt
  • Walker
  • Wichita
  • Williamson
  • Wilson
  • Wise
  • Zavala