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CLAIM SUMMARY / DETERMINATION 

Claim Number: 917028-0001 

Claimant: Chesterfield Fire Marshal’s Office 

Type of Claimant: Local Government 

Type of Claim: Removal Costs 

Claim Manager: 

Amount Requested: $8,674.83 

FACTS: 

Oil Spill Incident: On April 09, 2017, Chesterfield Fire Marshal’s Office notified the 

National Response Center (NRC) of a mystery sheen on the James River, a navigable 

waterway of the United States.1

 The Fire Marshall’s Office reported that the discharge 

was approximately 50 gallons of oil from an abandoned oil drum that rolled down the 

bank of the river. The source of the spill is unknown.2

 First Call Environmental was hired 

by the Fire Marshal’s office to conduct removal and remediation of the site.3

Description of Removal Activities for this claimant: First Call Environmental personnel 

responded and conducted removal actions on April 09, April 25, and May 08, 2017. The 

bulk of the response concentrated on removing contaminated soil and restoration of the 

river bank. The removal actions were conducted using personnel, protective equipment, 

back hoe, dump truck, backfill dirt, and response trailer.4 Sampling of the soil was 

conducted by Air, Water and Soil Laboratories and was consistent with OPA 90 regulated 

oil.5

The Claim: On June 05, 2017, the NPFC received a removal cost claim from 

Chesterfield Fire Marshal’s office for reimbursement of their uncompensated removal 

costs in the amount of $8,647.83.6

 The claim is based on invoice #1004031 from First 

Call Environmental in the amount of $8,647.83.7 

 

APPLICABLE LAW: 

"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 

 

1 See, NRC Report # 1175259. 2 See, NRC Report # 1175259 dated April 9, 2017. 3 See, Claimant’s OSLTF Claim Form, question 11, received by the NPFC on June 5, 2017.. 4

See, Chesterfield Fire Marshal’s Office Claim Package received June 05, 2017. 5 See, email from , USCG to dated June 07, 2017. 6 See, Claimant’s OSLTF Claim Form received June 5, 2017.. 7 See, First Call Environmental invoice 1004031 dated May 16, 2017. 
 

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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 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 136.105(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. 

Under 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.” 

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]. 
 

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DETERMINATION OF LOSS: 

A. Overview: 

1. , USEPA, was the Federal On-Scene Coordinator (FOSC) for this 

incident and he determined that the actions undertaken by NRCES were consistent 

with the NCP8

 for the payment of uncompensated removal costs claims and is 

consistent with the provisions of sections 1002(b)(1)(B) and 1012(a)(4) of OPA, 33 

U.S.C. §§ 2702(b)(1)(B) and 2712(a)(4);9

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

2701(23), 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 claim was submitted to the Fund within the six year period of limitations for 

removal costs claims. 33 U.S.C. §2712(h)(1); 

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

with the claim and determined which of 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. 

B. Analysis: 

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 incident); (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. 

In reviewing the claim, the NPFC considered the Claimant’s evidence which consisted of 

proof of payment, First Call Environmental invoice, rate schedule of prices for First Call 

Environmental, third-party receipts, lab analysis, photos, and disposal manifests. The NPFC 

requested additional information and explanation of costs and actions throught out the 

adjudication process. 

Based on its review, the NPFC has determined that the costs incurred by Claimant are 

compensable under the OPA. The costs were reasonable and necessary to mitigate the effects 

of the incident and were determined by the FOSC to be consistent with the NCP 

Upon review of the information provided by the Claimant, the NPFC has determined that the 

payable costs were billed in accordance with the cost of materials used at the time the 

services were rendered and were determined by the NPFC to be consistent with the NCP. 

Disposal of spoiled materials was conducted in accordance with all applicable laws and 

regulations. 

 

8 See,email from , USEPA to Claimant dated April 10, 2017. Attached Action Report supports 

coordination of response actions. 

9 See, Chesterfield Fire Marshal’s Office Claim Package received June 05, 2017. 
 

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The NPFC hereby determines that the OSLTF will pay $8,674.83 as full compensation for 

the reimbursable removal costs incurred by the Claimant and submitted to the NPFC under 

claim # 917028-0001. All costs claimed are for charges incurred 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. 

AMOUNT: $8,674.83

 

Claim Supervisor: 

Date of Supervisor’s review: 4/25/17 

Supervisor Action: Approved