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CLAIM SUMMARY / DETERMINATION 

Claim Number: N18061-0001 

Claimant: Texas General Land Office 

Type of Claimant: State 

Type of Claim: Removal Costs 

Claim Manager: 

Amount Requested: $2,136.04 

Action Taken: Offer in the amount of $2,136.04 

FACTS: 

Oil Spill Incident 

On September 14, 2018, an oil spill was discovered in the Rainbow Marina Channel in Jefferson 

County, Texas.1

 Texas General Land Office (TGLO) Response Officer, , in his 

capacity as the State On-Scene Coordinator (SOSC), responded to the incident after being notified by 

both the Port Arthur Fire Department and the Coast Guard’s Marine Safety Unit (MSU) Port Arthur. 

Upon arrival, TGLO found the pleasure craft (P/C) Nanja, sunk at the dock. TGLO coordinated with 

the Unites States Coast Guard (USCG), who federalized the response and opened a federal project 

number (FPN) N18061.2

 Texas General Land Office (TGLO) response officers assisted and 

monitored the cleanup efforts of the response contractor, American Pollution Control (AMPOL). 

AMPOL was hired by the USCG for cleanup and disposal activities.

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Responsible Party 

 The last known owner/responsible party (RP) of the P/C Nanja, was Ms. , 

who has since passed away in 2015.4

 The Coast Guard indicated in its initial Pollution Report 

that the RP was unknown.5

Description of Removal Activities for this Claimant: 

TGLO monitored the daily response activities of the response contractor, AMPOL who was hired 

by the Coast Guard. The TGLO response officers’s daily field logs describe the response actions as 

follows: AMPOL placed boom around the source of the spill; al pockets of diesel were contained by 

absorbent boom. Hard boom was deployed as secondary containment on pockets of diesel.6

 AMPOL 

performed vacuum truck operations. An estimated 1500 gallons of water/diesel mix were vacuumed 

from the vessel tanks, of which approximately 300 gallons were actual diesel fuel. Additional boom 

was then deployed, and the vacuumed truck contents were decanted onto absorbent boom inside the 

hard boom. Absorbent booms were also placed inside the vessel cabin for cautionary measure in case 

of engine leaks.7

 

1

 NRC Report # 1224632 dated September 14, 2018. 2

 USCG Polrep One dated September 16, 2018 by MSU Port Arthur. 

3

 USCG Polrep Three and Final dated October 4, 2018. 

4

 TGLO response officer daily field log of actions taken, pages 10-13 of TGLO claim submission. 5

 USCG Polrep One dated September 16, 2018 by MSU Port Arthur. 

6

 TGLO response officer daily field log of actions taken, pages 10-17 of TGLO claim submission. 7 Id 
 

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The Claim: 

On January 31, 2019, the NPFC received TGLO’s claim for reimbursement of its uncompensated 

removal costs in the total amount of $2,136.04 for State personnel and equipment costs. 

APPLICABLE LAW: 

"Oil" is defined in relevant part, at 33 USC § 2701(23), to mean “oil of any kind or in any form, 

including petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged 

spoil”. 

The Oil Spill Liability Trust Fund (OSLTF), which is administered by the NPFC, is available, 

pursuant to 33 USC §§ 2712(a)(4) and 2713 and the OSLTF claims adjudication regulations at 

33 CFR Part 136, to pay claims for uncompensated removal costs that are determined to be 

consistent with the National Contingency Plan and uncompensated damages. Removal costs are 

defined as “the costs of removal that are incurred after a discharge of oil has occurred or, in any 

case in which there is a substantial threat of a discharge of oil, the costs to prevent, minimize, or 

mitigate oil pollution from an incident”. 

Under 33 USC §2713(b)(2) and 33 CFR 136.103(d) no claim against the OSLTF may be 

approved or certified for payment during the pendency of an action by the claimant in court to 

recover the same costs that are the subject of the claim. See also, 33 USC §2713(c) and 33 CFR 

136.103(c)(2) [claimant election]. 

33 U.S.C. §2713(d) provides that “If a claim is presented in accordance with this section, 

including a claim for interim, short-term damages representing less than the full amount of 

damages to which the claimant ultimately may be entitled, and full and adequate compensation is 

unavailable, a claim for the uncompensated damages and removal costs may be presented to the 

Fund.” 

Under 33 CFR 136.105(a) and 136.105(e)(6), the claimant bears the burden of providing to the 

NPFC, all evidence, information, and documentation deemed necessary by the Director, NPFC, 

to support the claim. 

Under 33 CFR 136.105(b) each claim must be in writing, for a sum certain for each category of 

uncompensated damages or removal costs resulting from an incident. In addition, under 33 CFR 

136, the claimant bears the burden to prove the removal actions were reasonable in response to 

the scope of the oil spill incident, and the NPFC has the authority and responsibility to perform a 

reasonableness determination. Specifically, under 33 CFR 136.203, “a claimant must establish - 

(a) That the actions taken were necessary to prevent, minimize, or mitigate the effects of the 

incident; 

(b) That the removal costs were incurred as a result of these actions; 
 

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(c) That the actions taken were determined by the FOSC to be consistent with the National 

Contingency Plan or were directed by the FOSC.” 

Under 33 CFR 136.205 “the amount of compensation allowable is the total of uncompensated 

reasonable removal costs of actions taken that were determined by the FOSC to be consistent 

with the National Contingency Plan or were directed by the FOSC. Except in exceptional 

circumstances, removal activities for which costs are being claimed must have been coordinated 

with the FOSC.” [Emphasis added]. 

DETERMINATION OF LOSS: 

A. Overview:

1) USCG MSU Port Arthur, as the FOSC for this incident, determined that the actions 

undertaken by the Claimant are deemed consistent with the NCP. 33 U.S.C. §§ 

2702(b)(1)(B) and 2712(a)(4);

2) The incident involved the discharge of “oil” as defined in OPA 90, 33 U.S.C. § 

2701(23), to navigable waters. 

3) In accordance with 33 CFR § 136.105(e)(12), the claimant has certified no suit has 

been filed in court for the claimed uncompensated removal costs. 

4) The claim was submitted within the six year statute of limitations. 33 U.S.C. § 

2712(h)(1); 

5. The NPFC Claims Manager has thoroughly reviewed all documentation submitted 

 with the claim and determined that the removal costs presented were for actions in 

 accordance with the NCP and that the costs for these actions were indeed reasonable 

 and allowable under OPA and 33 CFR § 136.205 

B. NPFC Analysis: 

 NPFC CA reviewed the actual cost invoices and dailies to confirm that the claimant 

had incurred all costs claimed. The review focused on: (1) whether the actions taken 

were compensable “removal actions” under OPA and the claims regulations at 33 CFR 

136 (e.g., actions to prevent, minimize, mitigate the effects of the incident); (2) whether 

the costs were incurred as a result of these actions; (3) whether the actions taken were 

determined by the FOSC, to be consistent with the NCP or directed by the FOSC, and (4) 

whether the costs were adequately documented and reasonable. 

 The Coast Guard confirmed that the actions undertaken by TGLO, in its joint 

response to the incident, were reasonable and necessary.8

 The NPFC has confirmed that 

the services performed by TGLO were billed in accordance with the state’s rates for 

reimbursement. 

 On that basis, the Claims Manager hereby determines that the Claimant did in fact 

incur $2,136.04 of uncompensated removal costs and that that amount is payable by the 

OSLTF as full compensation for the reimbursable removal costs incurred by the Claimant 

 

8

 USCG Polrep Three and Final dated October 4, 2018.