Claim Number 

Claimant 

Type of Claimant 

Type of Claim 

Claim Manager 

Amount Requested 

FACTS: 

CLAIM SUMMARY I DETERMINATION FORM 

913053-0001 

State of Florida 

State 

Removal Costs 

$103.64 

Oil Spill Incident: On November 02, 2011, Florida Department of Environmental 

Protection (FL DEP)received notification from U.S. Coast Guard Sector Jacksonville 

(Sector Jacksonville) of a sheen extending from a sunken vessel near the Jacksonville 

Zoo Dock on the Trout River, a navigable waterway of the United States. Jacksonville 

Sherriff's Office (JSO) reported the vessel had been there for approximately one year. 

The vessel owner, Mr. , was identified as the Responsible Party (RP). 

Description of Removal Activities for this Claimant: The Claimant, FL DEP, met with 

two Sector Jacksonville responders on site with the sunken vessel. After determining the 

sheen was unrecoverable, the Claimant left the site. Per Sector Jacksonville and JSO, the 

RP had someone use a pump to float the vessel and the vessel was removed. from the 

waterway. 

The Claim: On May 14, 2013, the FL DEP submitted a removal cost claim to the 

National Pollution Funds Center (NPFC) for reimbursement of their uncompensated 

removal costs of State personnel, equipment and administrative costs in the amount of 

$103.64. FL DEP is claiming $66.74 in State personnel expenses, $14.90 in State 

equipment (vehicle and gloves) expenses and $22.00 in State administrative 

documentation/photo fees. · 

APPLICABLE LAW: 

Under 9PA 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 OP A 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 CPR 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 ox, 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 r.easonableness 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 oy 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. FOSC Coordination has been established via U.S. Coast Guard Sector Jacksonville. 

2. The incident involved the report of a 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 oflimitations. 33 U.S.C. § 

2712(h)(l). 

--~------~------------~--------
5. A Responsible Party was determined, but to date, has not paid this claim. 33 U.S.C. § 

2701(32). 

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

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

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

and all?wable 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 33CPR136 (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 Claims Manager validated the costs incurred and determined that these costs, were 

reasonable, necessary and performed in accordance with the National Contingency Plan 

(NCP). The Claimant states that all costs claimed are for uncompens~ted removal costs 

incurred by the Claimant for this incident on November 02, 2011. The Claimant represents · 

that the costs it paid are compensable removal costs, payable by the OSL TF as presented by 

the claimant. 

After a review of the file, and reading the corresponding FL DEP documents, the response by 

FL DEP is determined reasonable and necessary to mitigate any further damage the oil may 

have caused. On that basis, the Claims Manager hereby determines that the Claimant 

incurred $103 .64 of uncompensated removal costs and that that amount is payable by the 

OSL TF as full compensation for the reimbursable removal costs incurred by the Claimant 

and submitted to the NPFC under claim #913053-0001. · 

C. Determined Amount: 

-

·The NPFGhereby determines that the OSLTF will-pay $103.64 as full compensation for the ··· · 

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

# 913053-0001. All costs claimed are for charges paid for by the Claimant for removal 

actions as that term is defined in OPA and, are compens~ble removal costs, payable by the 

OSLTF as presented by the Claimant. 

AMOUNT: $103.64 

Claim Supervis

Date of Supervisor's review: 5121/13 

Supervisor Action: Approved 

Supervisor's Comments: