2

CLAIM SUMMARY / DETERMINATION

Claim Number: A15019-0001 

Claimant: State of California Department of Fish and Wildlife 

Type of Claimant: State

Type of Claim: Removal Costs 

Claim Manager: 

Amount Requested: $860.75

FACTS: 

Oil Spill Incident: On May 30, 2015, the State of California Department of Fish and 

Wildlife’s Office of Spill Prevention and Response (OSPR) was notified by the United 

State Coast Guard’s (USCG) Incident Management Division (IMD) of the F/V DENISE 

being grounded in the Half Moon Bay, California, and a resulting petroleum spill 

consisting of approximately 60 gallons of diesel fuel.1 OSPR personnel coordinated with 

USCG IMD, who permitted OSPR to assist with the response.2 The F/V DENISE owner, 

Responsible Party (RP) , was notified by IMD of his liability and signed a 

Notice of Violation on May 30, 2015. 

Description of Removal Activities for this claimant: OSPR personnel performing onsite investigation confirmed the F/V DENISE as the source of the petroleum oil spill. 

The USCG IMD hired Parker Diving Services, who used several large totes to pump off 

the remaining 395 gallons of diesel from the F/V DENISE fuel tank.3

The National Oceanic and Atmospheric Administration (NOAA) was involved in postemergency cleanup efforts and funded the additional hiring of Parker Diving Services to 

remove the F/V DENISE from the Half Moon Bay. Cleanup of the spill was reported 

complete on June 12, 2015. 

The Claim: On May 12, 2017, the State of California Department of Fish and Wildlife 

submitted a removal cost claim to the National Pollution Fund Center (NPFC) for 

reimbursement of their uncompensated removal costs in the amount of $860.75.4

The NPFC notified the RP of his responsibility to pay removal costs associated with the 

incident on May 30, 2015,5

 but the RP did not respond to NPFC. The NPFC sent an RP 

Notification Letter to the RP dated May 12, 2017.6 The RP did not pay any costs 

associated with the claimants removal costs, nor have they responded to NPFC. 

 

 

1 See FPN A15019 POLREP 2 dated June 15, 2015. 2 See State of California Department of Fish and Wildlife Claim Package dated May 12, 2017.

3 See Quanitification Report from OSPS 4 See State of California Department of Fish and Wildlife Claim Package dated May 12, 2017. 5 See Bill #A15019-0001. 6 See the RP Notification Letter dated May 12, 2017.
3

APPLICABLE LAW: 

Under OPA 90, at 33 USC § 2702(a), responsible parties are liable for removal costs and 

damages resulting from the discharge of oil into navigable waters and adjoining 

shorelines, as described in Section 2702(b) of OPA 90. A responsible party’s liability 

will include “removal costs incurred by any person for acts taken by the person which are 

consistent with the National Contingency Plan”. 33 USC § 2702(b)(1)(B).

"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 -
4

(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;

(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 Sector San Francisco provided FOSC coordination. 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. 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 to be consistent with the NCP in accordance with the 

NPFC delegation of authority for determination of consistency, and (4) whether the costs were 

adequately documented and reasonable. 

The NPFC has determined that all of the costs incurred by the Claimant for this incident were 

reasonable and necessary. Upon review of the information provided by the Claimant, the NPFC has 

determined that the payable costs were billed in accordance with the state’s current personnel rates in 

place at the time the services were rendered and were determined by the FOSC to be consistent with 

the NCP.

The NPFC hereby determines that the OSLTF will pay $860.75 as full compensation for the 

reimbursable removal costs incurred by the Claimant and submitted to the NPFC under claim # 

A15019-0001. All costs claimed are for charges paid for by the Claimant for removal actions as that 

term is defined in OPA and, are compensable removal costs, payable by the OSLTF as presented by 

the Claimant.
5

AMOUNT: $860.75 

 

Claim Supervisor: 

Date of Supervisor’s review: 5/16/17

Supervisor Action: Approved