I 

Claim Number 

Claimant 

Type of Claimant 

Type of Claim 

Claim Manager 

Amount Requested 

FACTS: 

CLAJM SUMMARY I DETERMINATION FORM 

913052-0001 

State of Florida 

State 

: Removal Costs 

: $194.50 

Oil Spill Incident: On January 3, 2012, Florida Department of Environmental Protection (FL 

DEP) received notification of an oil sheen extending from a sunken vessel located in Hudson, 

Florida in the Gulf of Mexico, a navigable waterway of the United States. The vessel owner, Mr. 

, was identified as the Responsible Party (RP). 

Description of Removal Activities for this Claimant: The Claimant, FL DEP, coordinated with 

U. S. Coast Guard Sector St. Petersburg. FL DEP responded to the sunken vessel and identified 

the RP, who was arranging to have the vessel refloated. On January 5, 2012, the RP refloated the 

vessel and the rainbow sheen dissipated. · 

The Claim: On May 14, 2013, the FL DEP submitted a removal cost claim to the National 

Pollution Funds Center (NPFC) for reimbursement of their uncompensated removal costs of State 

personnel, equipment and administrative costs in the amount of $194.50. FL DEP is claiming 

$133.47 in State personnel expenses, $39.03 in State equipment (vehicle and work cl~thes) 

expenses and $22.00 in State administrative documentation/photo fees. 

APPLICABLE LAW: 

Under OPA 90, at 33 USC § 2702(a), responsible parties are liable for removal costs and 

damages resulting from the discharge of oil into navigable waters and adjoining shorelines, as 

described in Section 2702(b) of OPA 90. A responsible party's liability will include "removal 

costs incurred by any person for acts taken by the person which are consistent with the National 

Contingency Plan." 33 USC§ 2702(b)(l)(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 ()ii, 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 

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 33CFR136.103(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]. 
I 

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 detennination. 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 exqeptional 

circumstances, removal activities for which costs are being claimed must have been coordinated 

with the FOSC." [Emphasis added]. 

DETERMINATION OF LOSS: 

A. Overview: 

1. FOSC Coordination has been established via U.S. Coast Guard Sector St Petersburg. 

2. The incident involved the report of a 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)(l2), the claimant has certified no suit has been filed 

in comi for the claimed uncompensated removal costs. 

4. The claim was submitted within the six year statute oflimitations. 33 U.S.C. § 2712(h)(l). 

5. A Responsible Party was determined, but to date, has not paid this claim. 33 U.S.C. § 

2701(32). 

6. The NPFC Claims Manager has thoroughly reviewed all documentation submitted with the 

claim and dete1mined that all 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. 
The Claims Manager validated the costs incurred and determined that these costs, were reasonable, 

necessary and performed in accordance with the National Contingency Plan (NCP). The Claimant 

states that all costs claimed are for uncompensated removal costs incurred by the Claimant for this 

incident on November 02, 2011. The Claimant represents that the costs it paid are compensable 

removal costs, payable by the OSLTF as presented by the claimant. 

After a review of the file, and reading the corresponding FL DEP documents, the response by FL 

DEP is determined reasonable and necessary to mitigate any further damage the oil may have caused. 

On that basis, the Claims Manager hereby determines that the Claimant incurred $194.50 of 

uncompensated removal costs and that that amount is payable by the OSL TF as full compensation for 

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

#913052-0001. 

C. Determined Amount: 

The NPFC hereby determines that the OSLTF will pay $l94.50 as full compensation for the 

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

913052-000L All costs claimed ar~ for charges paid for by the Claimant for removal actions as that 

term is defined in OPA and, are compensable removal costs, payable by the OSL TF as presented by 

the Claimant. · · 

Claim Supervis

Date of Supervisor's review: 5121113 

Supervisor Action: Approved 

Supervisor's Comments: