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CLAIM SUMMARY / DETERMINATION 

Claim Number: 921003-0001 

Claimant: Guilford County Department of Health and Human Services 

Type of Claimant: Local Government 

Type of Claim: Removal Costs 

Claim Manager: 

Amount Requested: $3,200.82

Action Taken: Offer in the amount of $3,200.82

EXECUTIVE SUMMARY:

On December 10, 2020 at approximately 2:00 pm local time, Guilford County Environmental 

Health made notification to the National Response Center (NRC), via report # 1266047 and 

reported a mystery discharge of an unknown amount of suspected gasoline, hydraulic oil and 

diesel fuel on a parking lot at 1201 Merritt Drive that was making its way into a nearby storm 

water drain that connects to the South Buffalo Creek, a navigable waterway of the United 

States.

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Guilford County Environmental Health and the Greensboro Fire Department, responded to 

the incident and found the petroleum release in a parking lot area that connected to a storm drain 

contiguous to the South Buffalo Creek, a navigable waterway of the United States.2 Guilford 

County Environmental Health (“Guilford” or “Claimant”), contracted Shamrock Environmental 

Corporation (Shamrock or OSRO) and monitored the activities of the response contractor. The 

Fire Department determined there was no responsible party for the incident.3

Guilford County Department of Health and Human Services presented its uncompensated 

removal cost claim to the National Pollution Funds Center (NPFC) for $3,200.82 on November 

4, 2020.4

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

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

$3,200.82 is compensable and offers this amount as full and final compensation of this claim. 

I. INCIDENT, RESPONSIBLE PARTY AND RECOVERY OPERATIONS:

Incident

On December 10, 2020, the Greensboro Fire Department responded to a gas leak caused by a 

box truck that broke down at Halifax Road and Patterson St. While responding to the incident, 

the Fire Department also responded to an incident at 1201 Merritt Dr. at the parking lot of the 

New Heart Community Church.5 After further investigation, the Fire Department was unable to 

link the two incidents as the source of the spill therefore no responsible party has been identified. 

 

1 NRC Report # 1266047 dated December 10, 2019.

2 NPFC OSLTF Claim Form dated September 4, 2020 and Greensboro Fire Department, Fire Incident Report dated 

December 10, 2019.

3 Greensboro Fire Department, Fire Incident Report dated December 10, 2019.

4 NPFC OSLTF Claim Form dated September 4, 2020. 5 Greensboro Fire Department, Fire Incident Report dated December 10, 2019

(b) (6)
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The rainy conditions caused the spilled petroleum to fall into the nearby storm drain which leads 

to the South Buffalo Creek.6 After being contracted by Guilford County, Shamrock responded 

and placed an absorbent boom around the storm drain to prevent further leakage into the 

drainage.7 The OSRO removed all the contaminated leaves, pressure washed the parking lot, and 

flushed the curb line on the night of the spill.8

 

Recovery Operations

On December 10, 2019, Shamrock Environmental began recovery and cleanup operations 

placing an absorbent boom around the storm drain and pressure washed the affected area with 

hot water and vacuumed oiled water from the area and the affected wetland that connected to 

South Buffalo Creek.9 Shamrock disposed of oiled water and material used at the incident.10

II. CLAIMANT AND RP: 

Claims for removal costs or damages may first be presented to the Fund by the Governor of a 

State for costs that are incurred by the State. The Greensboro Fire Department and Guilford 

County HHS were unable to determine the source of the spill after the Fire Department 

investigated.11

III. CLAIMANT AND NPFC:

 On November 4, 2020, the NPFC received a claim for uncompensated removal costs from 

Guilford County Health and Human Services dated September 4, 2020. The claim included the 

NPFC OSLTF, Guilford County Emergency Incident Report, NRC Report, incident area 

photographs, Shamrock Environmental Corporation Invoice, Disposal Manifests, Daily work 

Reports and a Rate Schedule. Additional information submitted to the NPFC included 

clarification on daily work schedule personnel hours, disposal manifests and explanation how the 

energy surcharge was calculated.

IV. DETERMINATION PROCESS:

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

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

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

 

6 Guilford County Emergency Incident Report dated December 17, 2019.

7 Guilford County Emergency Incident Report dated December 17, 2019. 

8 Email from Water Quality Specialist Mr. at City of Greensboro Department of Water Resources dated 

November 10, 2020.

9 Guilford County Emergency Incident Report dated December 17, 2019.

10 Disposal Manifests #53669, 53894 and 53671. 11 Greensboro Fire Department, Fire Incident Report dated December 10, 2019.

(b) (6)
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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: 

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.”12 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.”13 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.”14 

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

with the National Contingency Plan (NCP).15 The NPFC has promulgated a comprehensive set 

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

claims.16 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.17 

 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.18

 

12 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). 13 33 U.S.C. § 2701(31). 14 33 U.S.C. § 2701(30). 15 See generally, 33 U.S.C. §2712 (a) (4); 33 U.S.C. § 2713; and 33 CFR Part 136. 16 33 CFR Part 136. 17 33 CFR 136.105. 18 There was not an FOSC present at the incident. To ensure that Guilford County Department of Health and Human 

Services met its burden with respect to this factor, the NPFC coordinated with the regional office of the U.S. 

Environmental Protection Agency which would have been the FOSC for this incident if one responded. After 

analyzing the spill and the actions taken by Guilford County and Shamrock Environmental, the USEPA FOSC

opined that the actions taken were consistent with the National Contingency Plan. We agree. Guilford County 

Emergency Incident Report dated December 17 and email from FOSCR regarding FOSC coordination dated