-i 

Claim Number 

Claimant 

Type of Claimant 

Type of Claim 

Claim Manager 

Amount Requested 

FACTS: 

CLAIM SUMMARY I DETERMINATION FORM 

: 912092-0001 

: State of Washington 

: State 

: Removal Costs 

:

: $14,250.32 

Oil Spill Incident: On October 21, 2009, the State of Washington Department of Ecology responded to a 

residential home heating oil tank spill at 5227 N Winnifred Street in Ruston, W A. 1 Upon arrival at the 

scene, it was discovered that red-dyed diesel fuel had spilled from piping located underneath the 

residential structure. The fuel migrated to the street and down a storm drain that discharged into an outfall 

to Commencement Bay.2 Approximately 190 gallons of fuel spilled from the tank. 

The National Pollution Funds Center (NPFC) issued a RP Notification letter to the Responsible Party via 

certified mail on October 1, 2012. 

Description of Removal Actions: The owner of the property and Responsible Party, 

was contacted by the Department of Ecology to advise him of the spill and of his responsibilities 

for cleanup. Due to the urgency to mitigate and clean up the spill, the Department of Ecology hired NRC 

Environmental Services to handle the cleanup.3 Hard boom was deployed at the outfall and the property's· 

· drainage system was cleared of fuel.4 Additional sorbents and pads were deployed on the property, the 

adjacent sidewalk and other areas in the vicinity of the spill _in order to prevent the spread of fuel. A 4' x 

8' interception ditch was dug from the residential structure to the sidewalk, and a 20' section of sidewalk 

was removed to facilitate collection of spilled fuel. 5 A total of approximately 17 5 gallons of fuel were 

removed. 

The Claim: State of Washington Department of Ecology presented a removal cost claim to the National 

Pollution Funds Center (NPFC) in the amount of $14,250.32 for their uncompensated removal costs. 

The claim consists of the OSLTF Claim Form, invoice summary sheet, contractor invoicing, contractor 

proof of payment, contractor rate schedule, incident report, scene photographs, and copies of disposal 

manifests: 

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 OP A 90. A responsible party's iiability 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)(l)(B). 

1 See, OSLTF Claim Form, dated 10 September 2012. 

2 Ibid. 

3 Ibid. 

4 Ibid. 

5 Ibid. 
"Oil" is definedin relevant part, at 33 USC§ 2701(23), to mean "oil ofany kind odn 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) al).d 2713 and the OSLTF claims l:1-djudication 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 33CFR136.103(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.lOS(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.lOS(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: 

Overview: 

1. FOSC coordination was made by Sector Seattle via Petty Officer of US 

Coast Guard Sector Seattle. 

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

2701(23), to navigable waters. 

2 
Analysis: 

3. In accordance with 33 CFR § i36.105(e)(12), the claimant has certified no suit has 

been filed in court for the clairtted uncompensated removal costs. 

4. The claim was submitted within the six year Statute oflimitatioris. 33 U.S.C. § · 

2712(h)(2) . . 

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. 

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 incjdent); (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 NPFC performed independent research into the incident and relied on some of the information to 

make its determination of compensability for the costs presented. 

The Claimant billed personnel time in the amount of $1,656.48 from October 21-23 and 27, 2009, and 

pe,rsonnel travel costs in the amount of $92.00. Contractor equipment and materials expenses in the 

amount of $12,501.84, which includes disposal costs in the amount of $799.60, and sales tax in the 

amount of $1,063. 7 4 were also billed. The NPFC confipned the presence.of the Claimant throughout the 

incident response and activities. 

On that basis, the Claims Manager hereby determines that the Claimant did in fact incur $14,2S0.32 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 and submitted to the NPFC under claim #912092-

0001. 

The Claimant states that all costs claimed are for uncompensatedremoval costs incurred by the Claimant 

for this incident. The Claimant represents that all costs paid by the Claimant are compensable removal 

costs, payable by the OSL TF as presented by the Claimant. · 

Determined Amount: 

The NPFC hereby determines that the OSLTF will pay $14,250.32 as full compensation for the 

reimbursable removal costs incurred by the Claimant and submitted to the NPFC under claim# 912092-

000 I. 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. · 

Claim Supervisor: . ·Date of Supervisor's review: 10123112 

Supervisor Action: Approved 

Supervisor's Comments: 

3 
Was there an FOSC involved (USCG or USEPA)? 

Was there a discharge into navigable waters? If so, what navigable waterway? 

Was there a Spill Management Team for this response? If not, were the dailies signed and if so, by whom? 

Were there subcontractors? If so, do you have proof of payment for all third party costs and is the proof of payment 100% of the invoice amount? (i.e., rental fees, disposal fees, rental fees) 

Were there Incident Action Plans (IAPs) that you can refer to in order to understand what the response objective was? 

If there is an RP, was presentment made by the claimant to the RP and did the RP provide a response on why the costs were not paid? 

If you have a contractor listed below and it is NOT your claimant, is the proof of payment for 100% of the invoice amount? If not, do you have the details on what was paid or denied? 

If the answer to the above question is no .... DO NOT adjudicate the invoice due to subrogation issues that prevent us from paying 

PROOF OF 

PAYMENT TO CLAIMANT INVOICE 

INVOICE NO. CONTRACTOR CONTRACTOR TOTAL NPFC APPROVED TOTAL NPFC DENIED TOTAL (OVER) UNDER 

S P11007001 State of WA Dept Ecy $ 1,656.48 $ 1,656.48 $ 1,656.48 $ -

Travel State of WA Dept Ecy $ 92.00 $ 92.00 $ 92.00 $ -

544611 NRC $ 12,504.84 $ 12,501 .84 $ 12,501.84 $ -

Grand Total s - s 14.250.32 s 14 250.32 s - s -
Zone / Area Contractor

Contractor 

Invoice No Date Classification / Description Personnel Name / UNI

 Invoice S 

Rate 

Invoice 

O Rate 

 Invoice D Rate 

Invoice 

S Hrs / 

Qty 

Invoice 

O Hrs

Invoice 

D Hrs

 Invoice S 

AM 

 Invoice 

O AM 

 Invoice 

D AM Invoice otal 

NPFC S

Rate

NPFC O

Rate

NPFC D

Rate

NPFC S

HRS Q Y

NPFC O

 HRS

NPFC D

 HRS

NPFC S 

AM

NPFC O 

AM

Commencement Bay State of WA Dept Ecy SP11007001 undated Salaries & Benef ts 10/21-23/09, 10/27/09 3 .78 6 71 10.5 5.5 256.92 365.18 - 622.10 $3 78 $ 6.71 11 6 $365.19 $256 91 

Salaries & Benef ts 10/21-23/09, 10/27/09 3 .19 5 56 15.5 6 273.37 530.02 - 803.39 $3 .19 $ 5.56 16 6 $530.02 $273 37 

Salaries & Bene its 10/21/09 73 73 5.09 3 0. 135.26 29. 9 - 16 .75 $ 5 09 $73.73 3 0 $135.26 $29. 9 Salaries & Bene its 10/21/09 .16 7 0 1.5 66.2 - - $ .16 $ 7.0 66.2 2 $66 2 $0.00 

 - - - - $0.00 $0.00 

undated Travel: Meal Cost: Lunch/Dinner 10/21/09 6.00 1 6.00 - - $ 6 00 6.00 1 $ 6 00 $0.00 

Travel: Meal Cost: Lunch/Dinner 10/21/09 6.00 1 6.00 - - $ 6 00 6.00 1 $ 6 00 $0.00 

 - - - - $0.00 $0.00 

NRC 5 611 /22/2010 Personnel ↓ 10/21 2009 - - - - $0.00 $0.00 

PM 85 00 85.00 85.00 2 8 680.00 170.00 - 850.00 $85 00 85.00 85.00 2 8 $170.00 $680 00 

FS 67 00 77.00 55.00 2 8 536.00 110.00 - 6 6.00 $55 00 67.00 77.00 2 8 $110.00 $536 00 

EO 78 00 99.00 6 .00 2 8 62 .00 128.00 - 752.00 $6 00 78.00 99.00 2 8 $128.00 $62 00 

TE 62 00 76.00 50.00 2 8 100.00 96.00 - 596.00 $50 00 62.00 76.00 2 8 $100.00 $ 96 00 

TE 62 00 76.00 50.00 2 8 100.00 96.00 - 596.00 $50 00 62.00 76.00 2 8 $100.00 $ 96 00 

TE 62 00 76.00 50.00 2 9 558.00 100.00 - 658.00 $50 00 62.00 76.00 2 9 $100.00 $558 00 

TE 62 00 76.00 0 3 50.00 186.00 - - 186.00 $50.00 62.00 76.00 0 3 $0.00 $186 00 

AS 50 00 59.00 0 0 0.00 - - - $ 0.00 - 50.00 59.00 0 0 $0.00 $0.00 

VO 7 00 98.00 60.00 0 2 0.00 - - 2 0.00 $60.00 7 .00 98.00 0 $2 0 00 $0.00 

VO 7 00 98.00 60.00 0 2 0.00 - - 2 0.00 $60.00 $98 00 7 .00 0 $2 0 00 $0.00 

- - - - $0.00 $0.00 

Personnel ↓ 10/22 2009 - - - - $0.00 $0.00 

FS 67 00 77.00 55.00 220.00 - - 220.00 $55.00 $67.00 $77 00 $220.00 $0.00 

TE 62 00 76.00 50.00 200.00 - - 200.00 $50.00 $62.00 $76 00 $200 00 $0.00 

AS 50 00 59.00 1 0.00 0.00 - - $ 0.00 $50.00 $59 00 1 0.00 $ 0.00 $0.00 

 - - - - $0.00 $0.00 

Personnel ↓ 10/26 2009 - - - - $0.00 $0.00 

VO 7 00 98.00 60.00 2 120.00 - - 120.00 $60.00 $7 .00 $98 00 2 $120 00 $0.00 

DH 62 00 76.00 50.00 200.00 - - 200.00 $50.00 $62.00 $76 00 $200 00 $0.00 

DH 62 00 76.00 50.00 2 100.00 - - 100.00 $50.00 $62.00 $76 00 2 $100 00 $0.00 

 - - - - $0.00 $0.00 

Equipment ↓ 10/21 2009 - - - - $0.00 $0.00 

Truck, Gear, <1T, per day 1237 125.00 1 125.00 - - 125.00 $125 00 1 $125 00 $0.00 

M leage, Trucks/Vans 10008 0.65 0 26.00 - - 26.00 $0.65 0 $26 00 $0.00 

Truck, Gear, <1T, per day 1180 125.00 1 125.00 - - 125.00 $125.00 1 $125.00 $0.00 

M leage, Trucks/Vans 10008 0.65 0 26.00 - - 26.00 $0.65 0 $26 00 $0.00 

Vactor/Jet er-Combo Unit, per hour 215 185.00 10 1,850.00 - - 1,850.00 $185.00 10 $1,850.00 $0.00 

Mi eage C mercial Trucks Mi eage, Commercial Trucks 10010 0.85 0 3 00 . - - 3 00 . $0 85 . 0 $3 00 $0 00 . 

Response Vessel, 32', FRV #2, per hour 6039 160.00 6 0.00 - - 6 0.00 $160.00 $6 0.00 $0.00 

Contractor Boom, 200', per ft, per day 6287 0.25 200 50.00 - - 50.00 $0.25 200 $50 00 $0.00 

 - - - - $0.00 $0.00 

Equipment ↓ 10/22 2009 - - - - $0.00 $0.00 

Truck, Gear, <1T, per day 1180 125.00 0.5 62.50 - - $125 00 62.50 0 5 $62.50 $0.00 

M leage, Trucks/Vans 10008 0.65 0 26.00 - - 26.00 $0.65 0 $26.00 $0.00 

Contractor Boom, 200', per ft, per day 6287 0.25 200 50.00 - - 50.00 $0.25 200 $50 00 $0.00 

 - - - - $0.00 $0.00 

Equipment ↓ 10/23 2009 - - - - $0.00 $0.00 

Contractor Boom, 200', per ft, per day 6287 0.25 200 50.00 - - 50.00 $0.25 200 $50.00 $0.00 

 - - - - $0.00 $0.00 

Equipment ↓ 10/26 2009 - - - - $0.00 $0.00 

Response Vessel, 32' FRV #2, per hour 6039 160.00 6 0.00 - - 6 0.00 $160 00 $6 0 00 $0.00 

 - - - - $0.00 $0.00 

Mater als ↓ 10/21 2009 - - - - $0.00 $0.00 

Protective Gear Level D, each 32 35.00 6 210.00 - - 210.00 $35 00 6 $210.00 $0.00 

Sorbent Boom, 5 x10 , /Bale, per bale 508 100.00 5 500.00 - - 500.00 $100.00 5 $500.00 $0.00 

Sorbent Sheet, 17 x19 x3/8 , 100/ba e, bale 51 75.00 5 375.00 - - 375.00 $75.00 5 $375.00 $0.00 

Sorbent Sweep, 17 x100'x3/8 , each 517 130.00 1 130.00 - - 130.00 $130.00 1 $130.00 $0.00 

 - - - - $0.00 $0.00 

Mater als ↓ 10/22 2009 - - - - $0.00 $0.00 

Sorbent Sheet, 17 x19 x3/8 , 100/ba e, bale 51 75.00 1 75.00 - - $75.00 75.00 1 $75.00 $0.00 

 - - - - $0.00 $0.00 

Disposal ↓ - - - - $0.00 $0.00 

2 99 10/21/2009 Debris 10/21 2009 799.60 1 799.60 - - 799.60 $799 60 1 $799 60 $0.00 

 - - - - $0.00 $0.00 

10/21/2009 Sales Tax (9.3%) 10/21 2009 1 063.7 1 1,063.7 - - 1 063.7 $1,063.7 1 $1,063.7 $0.00 

 - - - - $0.00 $0.00 

 - - - - $0.00 $0.00 

otal 14 250 32