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CLAIM SUMMARY / DETERMINATION 

Claim Number: 921009-0001 

Claimant: Redwood Shore Diving, Inc. dba Parker Diving Service 

Type of Claimant: OSRO 

Type of Claim: Removal Costs 

Claim Manager: 

Amount Requested: $4,758.44 

Action Taken: Offer in the amount of $4,758.44

EXECUTIVE SUMMARY:: 

 On 29 October 2018 at approximately 0805 local time, the United States Coast Guard 

(USCG) Sector San Francisco was notified by the National Response Center (NRC) via report # 

128831of an unknown amount of bilge slops that were discharged into Pillar Point Harbor, a 

navigable waterway of the United States located in Half Moon Bay, CA.1 The USCG Sector San 

Francisco Incident Management Division personnel, in the capacity as the Federal On Scene 

Coordinator (FOSC) for the spill, arrived on scene and witnessed the discharge of fuel into the 

harbor.2 

In accordance with the Oil Pollution Act of 1990, the owner of the F/V Mandy was identified 

as the Responsible Party (RP) for the incident.

3 The FOSC also issued a second NOFI to Mr. 

 on October 29, 2018.4 The FOSC issued a verbal Admin Order to Ms. 

as the RP.5 The RP hired Redwood Shore Diving Inc. dba Parker Diving Service (“Parker” or 

“Claimant”) to perform oil pollution response and remove the fuel from the vessel. 6 

 The claimant presented its uncompensated removal costs claim to the National Pollution 

Funds Center (NPFC) for $4,758.44 on November 24, 2020.

7 The NPFC informed the claimant 

that they failed to make proper presentment of costs to the RP identified by the FOSC as being 

the owner of the vessel, Ms. . The claimant presented the invoicing to Ms. 

 via certified mail on December 1, 2020.8 Having not received payment from 

either RP within the 90 day time period identified in the regulations, the NPFC moved forward 

with its adjudication of the claim. The NPFC has thoroughly reviewed all documentation 

submitted with the claim, analyzed the applicable law and regulations, and after careful 

consideration, has determined that $4,758.44 is compensable and offers this amount as full and 

final compensation of this claim.

 

1 NRC Report #1228831 dated October 29, 2018. 2 FOSC email statement dated December 8, 2020.

3 USCG Notice of Federal Interest (NOFI) was issued to Ms. on October 29, 2018. Ms. 

signed the NOFI on November 1, 2018 and USCG Certificate of Documentation for F/V Mandy issued February 28, 

2020.

4 USCG Notice of Federal Interest (NOFI) was issued to Mr. on October 29, 2018. Mr. 

never signed for the NOFI.

5 FOSC email statement dated December 8, 2020.

6 Id. 7 Redwood Shore Diving, Inc. dba Parker Diving Service claim dated 24 November 2020. 8 Certified mail receipt and copy of green card dated December 1, 2020.

(b), (b) (6) (b), (b) (6) (b), (b) 

(6)

(b), (b) (6) (b), (b) (6) (b), (b) (6) (b), 

(b) (6)

(b), (b) (6) (b), (b) 

(6)

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both certified mail and electronic mail. 20 Additionally, on December 22, 2020, the NPFC issued 

a Responsible Party Notification Letter to Mr. via certified mail. 21 

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.

 

In response to the RP notifications made, both parties stated that they entered into a Bareboat 

Charter Agreement on October 22, 2018. Upon receipt and review of the Bareboat Charter 

Agreement, it divides the Charter Fees into 4 equal payments spanning from March 1, 2019 to 

August 25,2020 and states that upon full payment the Charter Hire (Owner) will execute a U.S. 

Coast Guard Bill of Sale of F/V MANDY to Charterer.22 The last Bill of Sale on file with the 

United States Coast Guard’s National Vessel Documentation Center (NVDC) was from 

 to on November 8, 2016. Additionally, the last payment 

due on August 25, 2020 did not occur prior to this incident since it was reported on October 29, 

2018. 

Recovery Operations

On October 29, 2018, Redwood Shore Diving, Inc. dba Parker Diving Service was hired to 

handle the cleanup and removal of the diesel fuel release into Pillar Point Harbor.23

Redwood Shore Diving, Inc. dba Parker Diving Service’s cleanup operations entailed 

pumping out the remaining fuel from the damaged fuel tank and pumping out the dirty bilge 

area. The contaminated sorbent pads used around the impacted areas wererecovered and all 

contaminated solid waste was sent for disposal.24

II. CLAIMANT AND RP: 

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

1990 (OPA)25 require all claims for removal costs or damages must be presented to the RP 

before seeking compensation from the NPFC.26 When an RP denies a claim or has not settled a 

claim after 90 days of receipt, a claimant may elect to present its claim to the NPFC.27 

Ms. has stated that she is not the RP due to the Bareboat Charter Agreement 

dated October 22, 2018 that was executed between herself and Mr. .

28 In a 

 

20 NPFC RP Notification Letter sent to Ms. via certified mail and email dated December 2, 

2020.

21 NPFC RP Notification Letter sent to Mr. via certified mail and dated December 22, 2020. 22 Bareboat Charter Agreement dated October 22, 2018. 23 Redwood Shore Diving, Inc. dba Parker Diving Service claim submission dated November 24, 2020. 24 A&S Environmental Disposal Invoice # 30376 dated November 21, 2018.. 25 33 U.S.C. § 2701 et seq. 26 33 CFR 136.103. 27 Id. 28 Email from Ms. dated December 17, 2020.

(b), (b) (6) (b), (b), (b) (6) (b), (b) (6)

(b) 

(b), (b) (6) (b), (b) (6) (b), (b) (6) (b), (b) (6) (b), (b) (6)

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

or conclusions reached by other entities.38 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.

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.39 An RP’s liability 

is strict, joint, and several.40 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.”41 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.”42 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.”43 

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

with the National Contingency Plan (NCP).44 The NPFC has promulgated a comprehensive set 

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

claims.45 The claimant bears the burden of providing all evidence, information, and 

 

37 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)). 38 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). 39 33 U.S.C. § 2702(a). 40 See, H.R. Rep. No 101-653, at 102 (1990), reprinted in 1990 U.S.C.C.A.N. 779, 780. 41 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). 42 33 U.S.C. § 2701(31). 43 33 U.S.C. § 2701(30). 44 See generally, 33 U.S.C. §2712 (a) (4); 33 U.S.C. § 2713; and 33 CFR Part 136. 45 33 CFR Part 136.
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documentation deemed relevant and necessary by the Director of the NPFC, to support and 

properly process the claim.46

 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.47

(d) That the removal costs were uncompensated and reasonable.48

 The NPFC analyzed each of these factors and determined the costs incurred by Parker and 

submitted herein are compensable removal costs based on the supporting documentation 

provided. The NPFC determined all approved costs invoiced at the appropriate rate sheet pricing 

were billed in accordance with the rate schedule provided.49 All approved costs were supported 

by adequate documentation which included invoices, proofs of payment, and an FOSCR 

statement dated December 8, 202050 that confirms that actions performed by Parker were both 

reasonable and consistent with the National Contingency Plan (NCP). 

VI. CONCLUSION:

 Based on a comprehensive review of the record, the applicable law and regulations, and for 

the reasons outlined above, Redwood Shore Diving, Inc. dba Parker Diving Service request for 

uncompensated removal costs is approved in the amount of $ 4,758.44. 

This determination is a settlement offer,51 the claimant has 60 days in which to accept this 

offer. Failure to do so automatically voids the offer.52 The NPFC reserves the right to revoke a 

settlement offer at any time prior to acceptance.53 Moreover, this settlement offer is based upon 

the unique facts giving rise to this claim and is not precedential.

 

46 33 CFR 136.105. 47 FOSC email statement dated December 8, 2020. 48 33 CFR 136.203; 33 CFR 136.205. 49 Parker Rate Sheet. 50 FOSC email statement dated December 8, 2020. 51 Payment in full, or acceptance by the claimant of an offer of settlement by the Fund, is final and conclusive for all 

purposes and, upon payment, constitutes a release of the Fund for the claim. In addition, acceptance of any 

compensation from the Fund precludes the claimant from filing any subsequent action against any person to recover 

costs or damages which are the subject of the uncompensated claim. Acceptance of any compensation also 

constitutes an agreement by the claimant to assign to the Fund any rights, claims, and causes of action the claimant 

has against any person for the costs and damages which are the subject of the compensated claims and to cooperate 

reasonably with the Fund in any claim or action by the Fund against any person to recover the amounts paid by the 

Fund. The cooperation shall include, but is not limited to, immediately reimbursing the Fund for any compensation 

received from any other source for the same costs and damages and providing any documentation, evidence, 

testimony, and other support, as may be necessary for the Fund to recover from any person. 

52 33 CFR § 136.115(a). 53 33 CFR § 136.115(b).