CLAIM SUMMARY / DETERMINATION FORM

Claim Number: N13013-0001 

Claimant: Texas General Land Office

Type of Claimant: State

Type of Claim: Removal Costs 

Claim Manager: 

Amount Requested: $185.78 

FACTS 

On February 19, 2013, Marine Safety Unit (MSU) Texas City received notification from the Claimant, 

Texas General Land Office (TGLO), of a mystery spill at Hornbeck Seafood on Bolivar Island on the 

south bank of the inercoastal waterway, a navigable waterway of the US.

A pollution response team deployed to the scene and found approximately 20 gallons of recoverable black 

oil. The pollution response team was unable to identify a source although upon arrival, the team sampled 

the spill and a the bilge of the F/V Blue Dolphin as a potential source. Sample analysis came back as a 

non-match to the vessel and the incident has been determined a mystery. Coast Guard Federal On Scene 

Coordinator (FOSC) hired T & T Marine Salvage to handle the cleanup. The incident was reported to the 

NRC via report # 103886. 

Description of Removal Activities for this Claimant

The Claimant in its capacity as the State On Scene Coordinator (SOSC) responded to the spill and 

coordinated with the Federal On Scene Coordinator’s Representative (FOSCR) PO who opened 

Federal Project Number (FPN) N13013 and T&T Salvage was contracted for the response.1 TGLO 

remained on scene and monitored the cleanup with the Coast Guard to determine compliance with the 

National Contingency Plan (NCP).2

The Claim

On May 28, 2013, the Texas General Land Office (TGLO) submitted a removal cost claim to the National 

Pollution Funds Center (NPFC) for reimbursement of their uncompensated removal costs in the amount 

of $185.78. 

TGLO is claiming response expenses in the amount of $45.78 in personnel costs and $140.00 in state 

vehicle costs for a total of $185.78 in uncompensated removal costs. 

The claim consists of the claim memorandum, TGLO response cost invoice, and email correspondence 

evidencing non-match of sampled oil. 

APPLICABLE LAW 

“Oil” is “oil of any kind or in any form, including petroleum, fuel oil, sludge, oil refuse, and oil mixed 

with wastes other than dredged spoil” 33 USC § 2701(23). 

 

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 

 

1 See, Texas General Land Office Memorandum, dated May 28, 2013.

2 See, Texas General Land Office Memorandum, dated May 28, 2013.

The review of the actual cost invoicing and dailies 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 consistent with the NCP or directed by the FOSC, and 

(4) whether the costs were adequately documented. 

Upon review of the claim submission, the NPFC has determined that the removal costs presented and 

incurred were billed appropriately at the time services were rendered and confirmed the presence of the 

Claimant during response actions. 

On that basis, the Claims Manager hereby determines that the Claimant did in fact incur $185.78 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 #N13013 

-0001. 

Determined Amount

The NPFC determines that the OSLTF will pay $185.78 as full compensation for the reimbursable 

removal costs incurred by the Claimant and submitted to NPFC under claim #N13013-0001. All costs 

presented to the OSLTF in this claim are for removal actions as defined in OPA 90 and 33 CFR 136, and 

are compensable removal costs.

AMOUNT: $185.78 

Claim Supervisor: 

 

Date of Supervisor’s review: 6/6/13 

Supervisor Action: Approved 

Supervisor’s Comments: