Claim Number: 

Claimant: 

Type of Claimant: 

Type of Claim: 

Claim Manager: 

Amount Requested: 

FACTS: 

CLAIM SUMMARY /DETERMINATION 

913048-0001 

Florida Dept of Environmental Protection 

CLAIMANT TYPE 

Removal Costs 

$313.99 

Oil Spill Incident: On October 19, 2011, Florida State.BER received a report by Treasure Island Police 

Department of a sinking vessel, 1 with a 2-gallon sheen on the waters of the ICW, at Slip 5, John's Pass 

·Marina. A 2' x 100' sheen was reported. The U.S. Coast Guard (PO Kriegh) responded. Claimant 

asserts that there may have been possible criminal intent, as a water hose had been put into the vessel, 

causing it to sink. The vessel owner, Mr. was able to refloat the vessel. 

BER returned to the site on October 20, 2011 and witnessed 16 - 55-gallori drums of waste by the dock. 

The Coast Guard told BER that 10 out of the 16 drums were from pumping out the bilge and the spill 

cleanup for this incident.2 At this point, only a minimal silvery sheen was evident from the sinking vessel. 

BER mailed a letter to the vessel owner, Mr. , requesting that Mr. produce disposal 

documentation for the drums by November 4, 2011.3 

On November 22, 2011, BER re-visited the site to check on the status of the drums. The drums were 

gone. BER visited Mr. at his home, on December 2, 2011, and hand-delivered a second letter 

requesting evidence of disposal.4 Mr. ' English-speaking relative translated that Mr. had "a 

company" remove the waste and agreed to produce the disposal documentation. Claimant's repo1t states 

that a friend helped Mr. aiTange the removal of the drums5• 

BER sent a third letter to Mr. on Januaiy 3, 20126

, again requesting the disposal documentation. 

To date BER has not received the disposal documentation from Mr. .Therefore there is no evidence 

that the non-hazardous waste was disposed of properly. However, BER claims that the spill clean-up was 

satisfactory and that no further action is being taken at this time. 

The Claim: On May 14, 2013, the State of Florida submitted a claim to the NPFC for reimbursement of 

their uncompensated removal costs in the ainount of $313 .99 for; Personnel Expenses, Transportation 

Expenses, PPE Expenses, and Miscellaneous Expenses. · 

APPLICABLE LAW: 

Under OPA 90, at 33 USC§ 2702(a), responsible paities are liable for removal costs ai1d dainages 

resulting from the dischai·ge of oil into navigable waters and adjoining shorelines, as described in Section 

2702(b) of OP A 90. A resppnsible party's liability will include "removal costs incurred by any person for 

1 Vessel's name is MYSTIC, FL2626SH 2 2011-4C-46042 

3 See, FDEP letter dated October 20, 2011 to Mr. , signed by . 4 See, FDEP letter dated December 2, 2011 to Mr. signed by . 5 BER Response Information, dated 3/13/12. · 6 See, FDEP letter dated January 3, 2011 to Mr. , signed by . 

·······- .2_ 
acts taken by the person which are consistent with the National Contingency Plan". 3 3 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 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 def med 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 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.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 136.1 OS(b) each claim must be in writing, for a sum certain for each category of 

uncompensated damages or reμioval 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 detennined 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 ofwicompensated 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]. 

- 3. 
DETERMINATION OF LOSS: 

A. Overview: 

1. ·FOSC coordination was made with Sector St. Petersburg. 

2. The incident involved "oil" as defined in OPA 90, 33 U.S.C. § 2701(23), to navigable waters. 

3. . . Inaccordance with 33 CPR§ 136.105(e)(12), the claimant has certified that 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 for removal costs. 

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 OJ? A and 33 CFR § 

136.205 as setforth below. 

B. Determined Amount: 

The NPFC determines that the OSLTF will pay $313 .99 as full compensation for the reimbursable 

removal costs incurred by the .Claimant and submitted to the NPFC under Claim# 913048-0001 as the · 

rates charged are consistent with the state published rates. The actions undertaken by the state were 

endorsed by the Federal On Scene Coordinator (FOSC).7 · 

AMOUNT: $313.99 · 

Claitn Supervisor: 

Review Date: 5115113 

Supervisor Action:. Approved 

Supervisor:s Comments: 

7 s·ee FL BER Emergency Response Report dated 3/1/12. 

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