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CLAIM SUMMARY / DETERMINATION

Claim Number: 918011-0001 

Claimant: Guilford County Department of Health and Human Services 

Type of Claimant: Local Government 

Type of Claim: Removal Costs 

Claim Manager: 

Amount Requested: $2,005.76

FACTS: 

Oil Spill Incident: On August 14, 2017, at approximately 9:00 pm local time1

, Guilford County 

Department of Health & Human Services received a report of an illegal dumping of 

approximately 15 gallons of used motor oil in the roadway at 1624 West Meadowview Road, 

Greensboro, NC. The Guilford County Department of Health & Human Services Environmental 

Health (HERA) hired A&D Environmental Services, Inc. (A&D) to clean up the spill and to 

prevent contaminants from entering into the storm drain, which empties into a tributary to S. 

Buffalo Creek, a waterway that feeds a series of creeks that lead to the Haw River, a navigable 

waterway of the U.S. 

Description of Removal Activities for this claimant: On August 14, 2017, Guilford County 

HERA hired A & D Environmental Services, Inc. to perform oil spill cleanup operations on the 

roadway.2

 A&D’s response included spreading oil dry on the road and collecting the motor oil 

for disposal. A&D disposed of 95 gallons of non-hazardous liquid (motor oil), and 1200 lbs of 

non-hazardous solids (petroleum contaminated oil dry) as indicated on A&D’s waste manifest. 3

 

Responsible Party: A Responsible Party was not identified.

The Claim: On November 22, 2017, Guilford County HERA submitted a removal cost claim to 

the National Pollution Funds Center (NPFC) for reimbursement of $2,005.764 in uncompensated 

removal costs for A&D Environmental Services’ contractor 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”.

 

1 See, NRC Report 1187317

2

See, Guilford County Department of Public Health Emergency Response Incident Report. 3 See, Waste Manifest # 18435 dated August 14, 2017. 4 See, A&D Environmental Services, Inc Invoice #039459 dated 08/31/2017. 
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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;

(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. Mr. of United States Environmental Protection Agency provided FOSC 

coordination in accordance with the National Contingency Plan (NCP). 33 U.S.C. § 

2702(b)(1)(B) and 2712(a)(4); 5

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 C.F.R. § 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 

 

5 See, Guilford County Emergency Response Incident Report, signed by Mr. attesting that the response was 

performed in accordance with the National Contingency Plan.