Claim Number: 

Claimant: 

Type of Claimant: 

Type of Claim: 

Claim Manager: 

Amount Requested: 

FACTS 

CLAIM SUMMARY I DETERMINATION FORM 

913039-0001 

State of Connecticut 

State 

Removal Costs 

$2,114.00 

On June 13, 2012, the State of Connecticut Department of Energy and Environmental Protection 

(CTDEP) responded to a diesel fuel spill from a semi-tractor trailer operated by A Team Global Express 

(RP) in the vicinity of 483 Silver Lane in East Hartford, Connecticut. 1

Failure of the saddle tank due to 

abrasion from a bent fender resulted in the release of an estimated 75 gallons of diesel fuel of which an 

estimated 30 gallons collected in a catch basin adjacent to the vehicle's location. The spill constituted a 

substantial threat to the Connecticut River and the Long Island Sound, outfalls of the affected catch basin 

which are navigable waterways of the United States.2 

Description of Removal Activities for this Claimant 

On June 13, 2012, the local fire department plugged the saddle tank fuel leak. Initially, the RP accepted 

responsibility and contacted Environmental Services (ESI) to execute cleanup. The RP then refused 

responsibility for the cleanup due to ESI requirement for a deposit. CTDEP then contracted with Alpine 

Environmental who accepted the request to render response services.3 The contractor employed a 

vacuum truck, oil sorbents, and personnel to empty the saddle tank, clean out the catch basin, and collect 

spent sorbents from the site. The cleanup was completed on June 13, 2012 under the oversight of CTDEP 

as the State On Scene Coordinator (SOSC). 

The Claim 

On March, 8, 2013 the Connecticut Department of Environmental Protection (CT DEP) submitted a 

removal cost claim to the National Pollution Funds Center (NPFC) for reimbursement of their 

uncompensated removal costs in the amount of $2, 114 .00. 

CT DEP is claiming response expenses in the amount of $2,114.00, monies paid to Alpine 

Environmental, a state contractor for the response and removal costs associated with this fuel spill. 

The claim consists of the OSL TF Claim Form, financial report authenticated by the CT Bureau of 

Financial and Support Services, Emergency Incident Report, Emergency Incident Field Report for Cost 

Recovery Cases, NRC Report, paid invoice to Alpine Environmental, and disposal manifests for removed 

materials. 

Additional supporting documents include photographs of the incident, inclusive of the damaged saddle 

tank and proximal catch basin. As well, proof of payment to Alpine Environmental subcontractor 

Northland Environmental. 

APPLICABLE LAW 

The Oil Pollution Act of 1990 (OP A) provides that each responsible party for a vessel or facility from 

which oil is discharged into or upon the navigable waters or adjoining shorelines or exclusive economic 

1 See, OSLTF Claim Form, dated March 8, 2012. 

2 Ibid. 

3 CTDEP Emergency Incident Field Report, dated June 13, 2012. 
zone is liable for removal costs and damages resulting from that incident. 33 U.S.C. § 2702(b ). A 

responsible party's liability includes "removal costs i.ncurred by any person for acts taken by the person 

which are consistent with the National Contingency Plan" 33 USC § 2702(b )(l)(B). 

"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 defmed 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." 

Pursuant to 33 USC§ 2713(b)(2) and 33 CFR 136.103(d) no claim against the OSLTF maybe 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]. 

Pursuant to 33 USC§ 2713(d), "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." 

Pursuant to 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. 

Pursuant to 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." 

Pursuant to 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." 

Determination of Loss 

Overview 

1. The NPFC has determined that the actions undertaken by the claimant are deemed consistent with 

the NCP. This determination is made in accordance with the Delegation of Authority for 

Determination of Consistency with the NCP for the payment of uncompensated removal cost 

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claims and is consistent with the provisions of sections 1002(b)(l)(B) and 1012(a)(4) of OPA. 33 

U.S.C. §§ 2702(b)(l)(B) and 2712(a)(4); 

2. The incident involved a discharge of "oil" as defined in OPA 90, 33 USC § 2701 (23), that 

presented a substantial threat 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 cl.aim was submitted within the six year statute of limitations. 33 U.S.C. § 2712(h)(l ); 

5. The NPFC Claims Manager has thoroughly reviewed all documentation submitted with the claim 

and determined that the majority of removal costs presented were for actions in accordance with 

the NCP and that costs for these actions were indeed reasonable and allowable pursuant to OPA 

90 and 33 CFR § 136.025 as set forth below. 

Analysis 

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 detennined that the removal costs presented and 

incurred were billed appropriately at the time services were rendered. 

On that basis, the Claims Manager hereby determines that the Claimant did in fact incur $2,1 14.00 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 #913039-

0001. 

Determined Amount 

The NPFC determines that the OSLTF will pay $2,114.00 as full compensation for the reimbursable 

removal costs incurred by the Claimant and submitted to NPFC under claim #913039-0001. 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. 

Supervisor Action: ~/ / ,.. '"' 1 :- 4 

Supervisor's Comments: 

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