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CLAIM SUMMARY / DETERMINATION 

Claim Number: 920002-0001

Claimant: Redwood Shore Diving Inc. d.b.a. Parker Diving Service

Type of Claimant: OSRO

Type of Claim: Removal Costs

Claim Manager: 

Amount Requested: $9,090.50

Action Taken: Offer in the amount of $9,090.50

EXECUTIVE SUMMARY:

On January 22, 2019, a commercial fishing vessel, ALADDIN, sank and discharged oil at Pier 

45 in Slip 26 west of San Francisco Bay, a navigable waterway of the US.1

(“RP”), is the owner and operator of the vessel and is the responsible party (RP) as defined by 

the Oil Pollution Act of 1990.2 Parker Diving Services (“Parker Diving” or “claimant”), 

commenced cleanup operations on the water after being hired by the RP. On January 29, 20193

and July 25, 20194, Parker Diving presented its uncompensated removal costs to the RPHaving 

not received payment from the RP after ninety days, Parker Diving presented its uncompensated 

removal cost claim to the National Pollution Funds Center (NPFC) for $9,090.50 on November 

19, 2019.5 The NPFC has thoroughly reviewed all documentation submitted with the claim, 

analyzed the applicable law and regulations, and after careful consideration has determined that 

$9,090.50 of the requested $9,090.50 is compensable and offers this amount as full and final 

compensation of this claim.

I. INCIDENT, RESPONSIBLE PARTY AND RECOVERY OPERATIONS:

Incident

On January 22, 2019, the fishing vessel ALADDIN was berthed at Pier 45 slip 26 west at 

Fisherman’s Wharf. As a result of major water movement caused by a sinkhole in the Pier 45 

basin and due to the vessel having a thru-hull port hole approximately 3⁄4”, caused the vessel to 

take on water and spill motor oil into San Franscisco Bay.

6 Aproximately 1 quart of motor oil 

was released from the vessel while it was moored at the Pier overnight.

7 Parker Diving was hired 

on January 22, 2019 by the RP to boom, raise and tow the vessel to Bayside Boatworks in 

Sausalito to have the vessel repaired.8

 

1 USCG 201 SITREP dated November 20, 2019.

2 USCG 201 SITREP, part D. Involved Parties, dated November 20, 2019.

3 Attachment A to Claim Submission, Parker Diving Service Invoice # N-112 in the amount of $9,090.50 dated 

January 29, 2019.

4 Parker Diving Service Rebill Invoice # N-112 including interest in the amount of $9,772.30 dated July 25, 2019.

5 NPFC OSLTF Claim Form dated October 21, 2019 and received November 19, 2019.

6 Attachment A to Claim Submission, Parker Diving Service Invoice #N-112, Note.

7 USCG 201 SITREP dated November 20, 2019.

8 Attachment B to Claim Submission, Parker Diving Service Contract for Salvage, Towing and/or Pollution 

Abatement Services dated January 22, 2019..
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Responsible Party

is the owner and operator of the fishing vessel ALADDIN and was 

designated the responsible party (RP) for the oil spill incident.9

The NPFC issued a Responsible Party (RP) Notification letter dated November 25, 2019 to 

Mr. .

10

 A Responsible Party Notification letter notifies the owners and/or operators that a 

claim was presented to the National Pollution Funds Center (NPFC) seeking reimbursement of 

uncompensated removal costs incurred as a result of response services performed that resulted 

from a vessel or facility that was identified as the source of a discharge or substantial threat of a 

discharge of oil to navigable waters of the United States.

The NPFC used the last known address provided by the claimant.

11 The notification was sent 

through the US Postal Service certified mail and the NPFC has not received confirmion of

receipt of the letter as of November 27, 2019. 

Recovery Operations

The RP took action to mitigate the incident by hiring Parker Diving.12 On January 22, 2019,

the Parker Diving crew placed 100 feet of containment boom around the vessel to absorb the 

sheen caused by the spilled motor oil and planned to raise the vessel and tow to Bayside 

Boatworks in Sausalito, California the following day.13 On January 23, 2019 the vessel was 

pumped out of sea water to allow it to float with the assistance of lift bags under the stern. Fuel 

was still in the tanks while the vessel was towed from Fisherman’s Wharf to the repair yard.14 

Parker Diving towed the vessel to the requested location by the RP and the vessel was placed 

onto a boat trailer from the repair yard and then was towed by land by Bayside Boatworks 

personnel.15

II. CLAIMANT AND RP:

Absent limited circumstances, the Federal Regulations implementing the Oil Pollution Act of 

1990 (OPA)16 require all claims for removal costs or damages must be presented to the RP 

before seeking compensation from the NPFC.17

The claimant initially presented its claim in the form of an invoice to Mr. on 

January 29, 2019. The claimant sent Rebill Invoice #N 112 to Mr dated June 4, 

 

9 USCG 201 SITREP, part D. Involved Parties, dated November 20, 2019.

10 NPFC RP Notification Letter dated November 25, 2019.

11NPFC Claim # 920002-0001 dated October 21, 2019 and received November 19, 2019..

12 Attachment B to Claim Submission, Parker Diving Service Contract for Salvage, Towing and/or Pollution 

Abatement Services dated January 22, 2019.

13 Attachment A to Claim Submission, Parker Diving Service Invoice #N-112

14 Email from Parker Diving Service to NPFC dated December 3, 2019, , Re: 920002-0001 Aladdin Vessel Tow / 

Pollution Clarification.

15 Attachment A to Claim Submission, Parker Diving Service Invoice #N-112.

16 33 U.S.C. § 2701 et seq.

17 33 CFR 136.103.
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201918 and again sent a final invoice to Mr. dated July 15, 2019.19 Having not 

receive payment from the RP in over five (5) months, the claimant filed a Small Claims Court 

Action against the RP on August 26, 2019.20 On the court date, November 1, 2019, the RP did 

not appear in court and the court dismissed the case without prejudice.21 Having not received 

payment from the RP after ninety days, Parker Diving presented its uncompensated removal 

cost claim to the National Pollution Funds Center (NPFC) for $9,090.50 on November 19, 

2019.22 

III. CLAIMANT AND NPFC:

When an RP has not settled a claim after 90 days of receipt, a claimant may elect to present 

its claim to the NPFC.23 On November 19, 2019, the NPFC received a claim for uncompensated 

removal costs from Redwood Shore Diving Inc. d.b.a. Parker Diving Service dated October 21, 

2019. The claim included the OSLFT form, initial invoice, contract between RP and Claimant, 

certified mail receipt confirming presentment of claim, and small claims court file 

documentation. Additional information provided by the claimant to the NPFC includes Parker 

Diving Services rate schedule sheet, sum certain change request, small claims court dismissal 

without prejudice register of actions, and the final (third) invoice to claimant dated July 15, 2019.

IV. DETERMINATION PROCESS:

 The NPFC utilizes an informal process when adjudicating claims against the Oil Spill 

Liability Trust Fund (OSLTF).24 As a result, 5 U.S.C. § 555(e) requires the NPFC to provide a 

brief statement explaining its decision. This determination is issued to satisfy that requirement.

 When adjudicating claims against the OSLTF, the NPFC acts as the finder of fact. In this 

role, the NPFC considers all relevant evidence, including evidence provided by claimants and 

evidence obtained independently by the NPFC, and weighs its probative value when determining 

the facts of the claim.25 The NPFC may rely upon, is not bound by the findings of fact, opinions, 

or conclusions reached by other entities.26 If there is conflicting evidence in the record, the 

NPFC makes a determination as to what evidence is more credible or deserves greater weight, 

and makes its determination based on the preponderance of the credible evidence.

 

18 Attachment C of Claim Submission dated June 4, 2019.

19 Parker Diving Service Rebill Invoice # N 112 dated July 15, 2019.

20 Attachment D to the Claim Submission, Plaintiff’s Claims and Order to go to Small Claims Court Marin County 

Superior Court of California, Case Number SMC1910556 with a file date of August 26, 2019.

21 Register of Actions Superior Court of California, County of Marin Case Number SMC1910556 dated November 

November 20, 2019 available as a public document on Marin County Court website.

22 NPFC OSLTF Claim Form dated October 21, 2019 and received November 19, 2019.

23 33 CFR 136.103.

24 33 CFR Part 136.

25 See, e.g., Boquet Oyster House, Inc. v. United States, 74 ERC 2004, 2011 WL 5187292, (E.D. La. 2011), “[T]he 

Fifth Circuit specifically recognized that an agency has discretion to credit one expert's report over another when 

experts express conflicting views.” (Citing, Medina County v. Surface Transp. Bd., 602 F.3d 687, 699 (5th Cir. 

2010)).

26 See, e.g., Use of Reports of Marine Casualty in Claims Process by National Pollution Funds Center, 71 Fed. Reg. 

60553 (October 13, 2006) and Use of Reports of Marine Casualty in Claims Process by National Pollution Funds 

Center 72 Fed. Reg. 17574 (concluding that NPFC may consider marine casualty reports but is not bound by them).
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V. DISCUSSION: 

 An RP is liable for all removal costs and damages resulting from either an oil discharge or a 

substantial threat of oil discharge into a navigable water of the United States.27 An RP’s liability 

is strict, joint, and several.28 When enacting OPA, Congress “explicitly recognized that the 

existing federal and states laws provided inadequate cleanup and damage remedies, required 

large taxpayer subsidies for costly cleanup activities and presented substantial burdens to 

victim’s recoveries such as legal defenses, corporate forms, and burdens of proof unfairly 

favoring those responsible for the spills.”29 OPA was intended to cure these deficiencies in the 

law. 

 OPA provides a mechanism for compensating parties who have incurred removal costs where 

the responsible party has failed to do so. 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.”30 The term “remove” or “removal” means “containment and removal of oil [...] from 

water and shorelines or the taking of other actions as may be necessary to minimize or mitigate 

damage to the public health or welfare, including, but not limited to fish, shellfish, wildlife, and 

public and private property, shorelines, and beaches.”31

 The NPFC is authorized to pay claims for uncompensated removal costs that are consistent 

with the National Contingency Plan (NCP).32 The NPFC has promulgated a comprehensive set of 

regulations governing the presentment, filing, processing, settling, and adjudicating such 

claims.33 The claimant bears the burden of providing all evidence, information, and 

documentation deemed relevant and necessary by the Director of the NPFC, to support and 

properly process the claim.34

 Before reimbursement can be authorized for uncompensated removal costs, the claimant must 

demonstrate by a preponderance of the evidence:

(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 directed by the FOSC or determined by the FOSC to be 

consistent with the National Contingency Plan.35

(d) That the removal costs were uncompensated and reasonable.36

 

27 33 U.S.C. § 2702(a).

28 See, H.R. Rep. No 101-653, at 102 (1990), reprinted in 1990 U.S.C.C.A.N. 779, 780.

29 Apex Oil Co., Inc. v United States, 208 F. Supp. 2d 642, 651-52 (E.D. La. 2002) (citing S. Rep. No. 101-94 

(1989), reprinted in 1990 U.S.C.C.A.N. 722).

30 33 U.S.C. § 2701(31).

31 33 U.S.C. § 2701(30).

32 See generally, 33 U.S.C. § (a) (4); 33 U.S.C. § 2713; and 33 CFR Part 136.

33 33 CFR Part 136.

34 33 CFR 136.105.

35 USCG 201 SITREP dated November 20, 2019.

36 33 CFR 136.203; 33 CFR 136.205.