4

Responsible Party 

CG Sector Columbia River worked with WA DOE, attempting to locate the source of the 

spill, and working to identify a responsible party (RP). All attempts at locating a source were 

unsuccessful, and a RP could not be identified.9 As such, the oil spill was determined to be a 

mystery sheen. 

Recovery Operations 

On October 24, 2018, WA DOE arrived on scene with a spill response boat, and a spill 

response truck loaded with oil spill response sorbent supplies. Upon arrival, WA DOE noted the 

oil was spread-out and without odor. WA DOE personnel spent much of the day on the boat 

conducting oil spill assessment while taking environmental samples.10 On scene personnel did 

not discover any recoverable oil, and no contractor was hired to assist with the spill. WA DOE 

cites minimal commercial and recreational vessel traffic on the LCR during the time of spill 

assessment.11

For further assessment of the spill, WA DOE conducted an over-flight aerial recon of the 

LCR on October, 24, 2018.12 Prior to the FOSC’s arrival, WA DOE was in contact with the CG 

Sector Columbia River by telephone. 

CG Sector Columbia River arrived on scene in the afternoon, and concurs with the Claimant 

that by the time the oil was discovered in the LCR, the oil was non-recoverable. WA DOE 

provided on-water transportation for the FOSC so that they were able to obtain environmental 

samples from the river. The FOSC recalled the sheen looking like hydraulic fluid, and took 

multiple samples from the waters within close proximity of the sheen.13 The FOSC provided 

laboratory conclusions proving the product that was in the LCR on October 24, 2018 was in fact, 

a lubricating oil.14

II. CLAIMANT AND NPFC: 

On December 13, 2019 the NPFC received a claim for $4,968.43 from the Washington State 

Department of Ecology, dated November 25, 2019.15

On December 19, 2019, the NPFC requested Claimant submit additional information for the 

purpose of continuing adjudication of the claim, including a rate schedule/pricing sheet to 

validate the costs paid for services documented in the claim.16 On January 2, 2020, Claimant 

responded to the NPFC’s request for a rate schedule with a pricing sheet documenting the rates 

 

9

 SITREP, dated October 24, 2018. 

10 Washington State Department of Ecology Initial Incident Detail Report, dated October 24, 2018. 

11 Washington State Department of Ecology Incident Summary, dated October 24, 2018. 

12 Northwest Helicopters, LLC Invoice 22257, dated November 16, 2018. 

13 Email from FOSC to Claims Manager, dated January 6, 2020. 

14 Marine Safety Laboratory Case Number 19-009, dated November 19, 2018. 

15 Washington State Department of Ecology claim submission, dated November 25, 2019. 

16 Email from Claims Manager to Claimant, dated December 19, 2019. 
5

for goods and services,17 a summary report of all lab rates18 and an official time report disclosing 

the specified rates for services correspondent with personnel costs presented in the claim.19

III. DETERMINATION PROCESS: 

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

Liability Trust Fund (OSLTF).20 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.21 The NPFC may rely upon, is not bound by the findings of fact, opinions, 

or conclusions reached by other entities.22 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. 

IV. DISCUSSION: 

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

with the National Contingency Plan (NCP).23 The NPFC has promulgated a comprehensive set of 

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

claims.24 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.25

 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.26

 

17 Northwest Helicopters, LLC Rate Schedule WA Contract 04413, certified February 15, 2016. 

18 Manchester Environmental Laboratory Analytical Price List FY 17. 

19 Washington State Department of Ecology Time Report, dated November 15, 2018. 

20 33 CFR Part 136. 

21 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)).

22 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). 

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

24 33 CFR Part 136. 

25 33 CFR 136.105. 

26 Email from FOSC to Claims Manager, dated January 6, 2020.