Fire victims need to decide soon about debris removal. Here are your options

Many property owners who fell victim to the recent L.A. wildfires have a tricky decision to make in the next few weeks — whether to opt into the public debris removal program, or opt out and hire a private contractor. The deadline to opt in is March 31.

To date, the so-called Phase 2 cleanup work is only about 3% complete, according to an online tracker from the U.S. Army Corps of Engineers, which is spearheading the program. And with the deadline approaching to opt in, thousands of households have yet to make a decision.

LAist has put together this guide to help overwhelmed homeowners figure out next steps in the cleanup process, including how to track the government’s progress and prepare for any nasty surprise bills.

The public debris cleanup program, in a nutshell

The government-run Phase 2 fire debris removal program is designed to be free for property owners who lost their homes in the Eaton or Palisades fires. But if you have insurance, your insurance company, or you, will have to reimburse the government — up to the amount covered by your insurance for debris removal. More on that below.

To opt in, property owners have to fill out a so-called “right of entry” form, either online or at one of the Disaster Recovery Centers. This allows workers to come onto your property and do the work on their schedule (you don’t necessarily need to be there, but you can be if you want).

Officials estimate the work will take two to three days per property, depending on size and the amount of debris that needs to be removed.

As part of that form, you’ll also need to upload a copy of your insurance policy, including the section on debris removal coverage, if you have it. You’ll also need to submit a sketch of your property (it can be hand-drawn) showing what you want removed, and what, if anything, should stay.

You will also need to decide whether you want workers to remove the foundation of your home or leave it in place. Officials are recommending removal because fire can leave a foundation structurally unsound. This video from L.A. County Public Works provides more guidance for making this decision.

Note: If you opt into the Phase 2 debris removal program but you are missing one of the required documents, a case manager from the L.A. County Department of Public Works should contact you either by phone or email (check your spam/junk folder). You can submit missing documents to the Department of Public Works through their online form.

What does the cleanup entail?

If you opt into the debris removal program, the Corps of Engineers' contractors will remove:

• 6 inches of soil from the burn area.
• Chimneys and other remnants of the home.
• Burned vehicles on the property.
• The foundation if you requested it be removed on your right of entry form, and if it can be removed safely.
• Hazardous trees, unless you fill out a waiver requesting that a tree be left standing.

They will not remove:

• Pools.
• Driveways.
• Slope stabilizing walls.

This means you might need to hire a private contractor after the government finishes its work on your property to remove things not covered by the public program.

What’s the status of the cleanup?

Two websites track the status of the debris cleanup, including on your property.

First, L.A. County’s right of entry status tracker lets you see how many forms have been received and how many are incomplete. You can also search your property and check the status of your form.

As of Saturday, about 65% of the 13,579 eligible parcels destroyed or heavily damaged in the Eaton and Palisades fires had opted in to have debris removed, according to the tracker.

Only 876 property owners had officially opted out — which means there are thousands of property owners who either haven’t filled out their opt-in form or haven’t informed the county that they intend to opt out.

Second, the Army Corps of Engineers tracker lets you see where debris cleanup has been completed — 355 properties as of Saturday — and look up your property to check its status.

What happens if you opt out?

If you opt out of the program, you must hire a private contractor to clean up your property and have the work completed by June 30. You and your insurance company handle all costs if you go this route.

The contractor must be certified by the state to handle hazardous waste. The city of L.A. has compiled a list of contractors who can do the work.

You can also look up licensed contractors on the website of the Contractors State License Board (filter for “HAZ” to see contractors with hazardous substance removal certification).

Here are the steps you need to take:

1. Submit the “opt out” form to the county. (You can also do this in person at one of the Disaster Recovery Centers.)
2. Find a private contractor for debris removal and disposal. 
3. Get a fire debris removal permit from L.A. County (this is free). You can apply for a permit online or visit one of the county’s planning offices. 
4. You may also need to get a permit from your city, but the county is working with affected cities to streamline the process. 

Why you still might get a big bill for the ‘no cost’ cleanup

The government cleanup should not cost you anything. But if you have insurance, the county will seek reimbursement from either you or your insurance company for the amount your insurance covers for debris removal.

For example, if your insurance covers up to $25,000 for debris removal, or specifies a percentage of your coverage dedicated to debris removal, the government will seek to recoup that amount.

Don’t panic — but you could get an invoice for much more than that. In past California fires, cleanup costs for individual properties have reached up to $600,000, said Tony Cignarale, deputy state insurance commissioner. “The bills are shocking,” Cignarale said.

But again, don’t panic! It’s like an invoice you might get for a hospital stay or a surgery — they’ll tell you how much it cost, but that doesn’t mean that’s how much you owe.

The government will not ask you to pay more than your insurance covers for debris removal. Read your insurance policy and talk with your insurance agent or adjuster to make sure you understand your coverage.

You are also allowed to use your debris-removal insurance coverage to pay for getting rid of things that are not covered by the public debris removal program, like swimming pools. Keep careful receipts for any work done — the government will collect whatever remaining insurance funds are available for debris removal on your property only after you rebuild your home.

If you’ve already gotten a payout from your insurance company that includes money for debris removal, you should set that money aside for when the county’s bill comes, Cignarale advised.

In past fires, that bill has sometimes not come to property owners until several years later. Bottom line: You don’t want to be surprised by this bill when it finally shows up.

Additional resources

• L.A. County explainer on insurance and debris removal
• California Department of Insurance guidance for insurance firms on debris removal

Reasons why you might opt in or out

Local officials are encouraging people to opt into the public Phase 2 debris cleanup, saying it’s the most efficient way to get the job done and ensure a high level of safety and public health standards. Here are some other considerations:

Opting in, pros

• If you don’t have insurance, the public debris removal program won’t cost you anything. 
• If you have insurance, you can take advantage of the free public program and save your debris removal insurance payout for cleanup tasks not covered by the public program. (Keep your receipts!)
• Opting in is fairly straight-forward, and you won’t have to spend the time and energy to find and vet a private contractor and oversee the whole process. 

Opting out, pros

• You might have more control over the details of your property cleanup. 
• You might have to hire a private contractor anyway to remove things like retaining walls not covered under the public program, so it might be more efficient to do it all at the same time. 
• You might have more control over the timeline of your property cleanup, which could allow you to rebuild sooner. Then again, there are a limited number of contractors licensed and certified to do this kind of work, and there’s a lot of work to be done.  

Here are some additional guides:

• Army Corps of Engineers FAQ on debris removal
• L.A. County Phase 2 debris removal website
• L.A. County FAQ on opting out of government debris removal

Still confused or overwhelmed?

Here are some people who can help:

• L.A. Department of Public Works debris removal hotline: (844) 347-3332 or email ROE@dpw.lacounty.gov.

• U.S. Army Corps of Engineers debris call center: (213) 308-8305.
  
• Visit either agency at a Disaster Recovery Center, open 9 a.m. to 7 p.m. Mondays through Saturdays at the following locations:
  
  • UCLA Research Park West, 10850 W. Pico Blvd., Los Angeles
  • Altadena Disaster Recovery Center, 540 W. Woodbury Road, Altadena

• California Department of Insurance: (800) 927-4357; wildfire resources website.
  
• United Policyholders insurance claim and recovery help website.