Sent VIA Electronic Mail To: kimberly.essary@alaska.gov 

RE: UCGP924009-URC001

State of Alaska

Department of Environmental Conservation, Spill Prevention & Response 

ATTN: Kimberly Essary

PO Box 111800 

Juneau, AK 99811-1800 

Dear Ms. Essary: 

The National Pollution Funds Center (NPFC) has determined that it will offer $134.36 as full 

compensation for OSLTF claim number UCGP924009-URC001. 

This determination is based on an analysis of all of the information submitted and the applicable 

law and regulations. Please see the attached determination for further details regarding this 

decision. 

All costs that are not determined as compensable are considered denied. You may make a written 

request for reconsideration of this claim. A claim may be reconsidered only once; disposition of 

that reconsideration in writing will constitute final agency action.

The request for reconsideration must be received by the Director, NPFC within 60 days after the 

date the offer was mailed to you. It must include the factual or legal grounds for the relief 

requested, providing any additional support for the claim. After you request reconsideration, you 

may request, and the NPFC will consider, an extension of time beyond the 60 days to submit 

materials supporting the grounds for reconsideration. If the NPFC grants your request, it may 

require the execution of a tolling agreement.

All correspondence should include the claim number. Because of the timeliness requirement for 

reconsideration requests, you may email an advance copy of your reconsideration request to our 

HQS-SMB-NPFC-ClaimsInfo@uscg.mil email address. You may also alert us that a 

reconsideration request is in the mail by calling 1-800-280-7118. 

You must also mail any reconsideration request to: 

Department of Homeland Security

CG National Pollution Funds Center (CA)

US Coast Guard Stop 7605 

 2703 Martin Luther King Jr Ave SE 

Washington DC 20593-7605 

The Director

National Pollution Funds Center

US Coast Guard Stop 7605

2703 Martin Luther King Jr Ave SE

Washington DC 20593-7605 

Staff Symbol: Ca

Toll-Free: 1-800-280-7118 

Fax: 202-372-8397 

Email: HQS-SMB-NPFCCLAIMSINFO@uscg.mil 

5890

February 23, 2024
2

If you accept this offer, please sign the enclosed Acceptance / Release Agreement where 

indicated and return to the above address. 

If we do not receive the signed original Acceptance / Release Agreement within 60 days of the 

date of this letter, this offer is void. Further, the Director, NPFC reserves the right to revoke this 

offer at any time. If the offer is accepted, an original signature and a valid tax identification 

number (EIN or SSN) are required for payment. You are required to have a valid Contractor 

Registration Record prior to payment. If you do not, you may register free of charge at 

https://www.sam.gov/SAM/. Please ensure a valid UEI number is linked to your account. You

should expect your payment to be mailed or electronically deposited in your account within 60 

days of receipt of the Release Agreement. 

If you have any questions or would like to discuss the matter, you may contact me at the address 

above or by phone at 1-800-280-7118. 

Sincerely,

Eric Bunin

ERIC BUNIN 

Claims Manager

U.S. Coast Guard 

By direction 

Enclosures: Claim Summary / Determination

Acceptance / Release Agreement

Footnoted source documents that ADEC did not provide 
3

CLAIM SUMMARY / DETERMINATION1 

Claim Number: UCGP924009-URC001 

Claimant: State of Alaska Department of Environmental Conservation 

Type of Claimant: State 

Type of Claim: Removal 

Claim Manager: Eric Bunin

Amount Requested: $629.54 

Action Taken: Offer in the amount of $134.36

EXECUTIVE SUMMARY:: 

On August 21, 2021, in its role as Federal On Scene Coordinator (“FOSC”), United States 

Coast Guard (“USCG”) Sector Southeast Alaska visited the dock at Aurora Harbor in Juneau, 

Alaska and saw that aboard the MV Ocean Endeavor, a garden hose trailed from inside the bilge 

to the outside of the vessel.2 The USCG reported to the National Response Center (NRC) that at 

1415 an unknown oil of an unknown amount was discharged into the Gastineau Channel, a 

navigable water of the United States, at Aurora Harbor in Juneau, AK.3

 A video taken at 1445 

shows an individual discharging dispersants into the water near both the MV Adventure Bound 

and the MV Ocean Endeavor. The FOSC determined that the observed sheen and dispersant 

should be left to naturally dissipate.4

 

An Alaska Department of Environmental Conservation (“ADEC” or “Claimant”) 

representative, in its capacity as the State On Scene Coordinator (“SOSC”), visited the site on 

August 23, 2021, at 1420 and observed no sheens.5

 Mr. Steven Weber owns the OCEAN 

ENDEAVOR6

, making him the Responsible Party (RP) for the incident.7 ADEC communicated 

with the RP and initiated an enforcement action against him.8 

On November 29, 2023, the National Pollution Funds Center (NPFC) received ADEC’s 

claim submission for $390.69 in alleged removal costs.9 Via email dated February 6, 2024, 

1 This determination is written for the sole purpose of adjudicating a claim against the Oil Spill Liability Trust Fund 

(OSLTF). This determination adjudicates whether the claimant is entitled to OSLTF reimbursement of claimed 

removal costs or damages under the Oil Pollution Act of 1990. This determination does not adjudicate any rights or 

defenses any Responsible Party or Guarantor may have or may otherwise be able to raise in any future litigation or 

administrative actions, to include a lawsuit or other action initiated by the United States to recover the costs 

associated this incident. After a claim has been paid, the OSLTF becomes subrogated to all of the claimant’s rights 

under 33 U.S.C. § 2715. When seeking to recover from a Responsible Party or a Guarantor any amounts paid to 

reimburse a claim, the OSLTF relies on the claimant’s rights to establish liability. If a Responsible Party or 

Guarantor has any right to a defense to liability, those rights can be asserted against the OSLTF. Thus, this 

determination does not affect any rights held by a Responsible Party or a Guarantor. 2 ADEC Spill Summary Report # 21119923301 provided with initial Claim submission. 3 NRC Report # 1314353 dated August 21, 2021. 4 ADEC Spill Summary Report # 21119923301 provided with initial Claim submission. 5 ADEC Spill Summary Report # 21119923301 provided with initial Claim submission. 6 Vessel Critical Profile for OCEAN ENDEAVOR dated November 30, 2023.

7 33 U.S.C. § 2701(32). 8 See, State of Alaska Notice of Violation to Steve Weber dated September 15, 2021, P. 7/24 of ADEC claim 

submission. 

9

See, OSLTF Form, dated November 28, 2023.
4

ADEC amended its claimed sum certain to $629.54. The NPFC has thoroughly reviewed all 

documents submitted with the claim, analyzed the applicable laws and regulations, and after 

careful consideration, has determined that the claim should be paid in the amount of 134.36.10

I. INCIDENT, RESPONSIBLE PARTY AND RECOVERY OPERATIONS:

Incident

On August 21, 2021, in its role as Federal On Scene Coordinator (“FOSC”), United States 

Coast Guard (“USCG”) Sector Southeast Alaska visited the dock at Aurora Harbor in Juneau, 

Alaska and saw that aboard the MV Ocean Endeavor, a garden hose trailed from inside the bilge 

to the outside of the vessel.11 The USCG reported to the National Response Center (NRC) that at 

1415 an unknown oil of an unknown amount was discharged into the Gastineau Channel, a 

navigable water of the United States, at Aurora Harbor in Juneau, AK.12 A video taken at 1445 

shows an individual discharging dispersants into the water near both the MV Adventure Bound 

and the MV Ocean Endeavor. The FOSC determined that the observed sheen and dispersant 

should be left to naturally dissipate.13 

An Alaska Department of Environmental Conservation (ADEC or Claimant) representative, 

in its capacity as the State On Scene Coordinator (“SOSC”), visited the site on August 23, 2021, 

at 1420 and observed no sheens.14 

Responsible Party

Mr. Steven Weber owns the OCEAN ENDEAVOR15, making Mr. Weber the Responsible 

Party (RP) for the incident as defined by the Oil Pollution Act of 1990 (OPA).16 

Recovery Operations

 On August 21, 2021, after investigating the incident and sheen, the USCG determined that no 

cleanup action needed to be taken and the sheen would be left to naturally dissipate.17 

II. NPFC AND RP: 

The NPFC issued an RP Notification letter dated November 29, 2023 to Steven Weber,18 but 

it was returned undelivered.19 An RP Notification letter notifies the RP that a claim was 

10 33 CFR 136.115. 11 ADEC Spill Summary Report # 21119923301 provided with initial Claim submission. 12 NRC Report # 1314353 dated August 21, 2021. 13 ADEC Spill Summary Report # 21119923301 provided with initial Claim submission. 14 ADEC Spill Summary Report # 21119923301 provided with initial Claim submission. 15 Vessel Critical Profile for OCEAN ENDEAVOR dated November 30, 2023.. 16 33 U.S.C. § 2701(32). 17 ADEC Spill Summary Report # 21119923301 provided with initial Claim submission. 18 RP Notification Letter dated November 29, 2023. 19 See, Copy of undeliverable certified mail dated January 10, 2024.
5

presented to the NPFC seeking reimbursement of uncompensated removal costs or damages 

incurred as a result of the incident in which the recipient is the identified or suspected RP.

III. CLAIMANT AND NPFC:

 On November 29, 2023, the NPFC received ADEC’s claim in a timely manner via OSLTF 

Optional Claim form dated November 28, 2023. ADEC seeks reimbursement of $629.54 for 

alleged removal costs incurred for ADEC employee costs. The costs entail $238.85 for 

“Assessment/Characterization”, “Case Management” and “Field Work” for an employee’s work 

from August 23, 2021 to August 25, 2021, $344.16 for enforcement activity on August 25, 2021, 

$14.26 for Case Management activity on September 21, 2021, and $32.27 for 

“Cleanup/Corrective Action” (i.e. updated database for case closure) on November 9, 2021.

The claim was properly presented to the NPFC as the state may present a claim for removal 

costs directly to the OSLTF without first presenting it to the RP.20

IV. DETERMINATION PROCESS:

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

Liability Trust Fund (OSLTF).21 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.22 The NPFC may rely upon, is not bound by the findings of fact, opinions, 

or conclusions reached by other entities.23 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.24 An RP’s liability 

is strict, joint, and several.25 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 

20 33 U.S.C. §2713(b)(1)(c). 21 33 CFR Part 136. 22 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)). 23 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). 24 33 U.S.C. § 2702(a). 25 See, H.R. Rep. No 101-653, at 102 (1990), reprinted in 1990 U.S.C.C.A.N. 779, 780.
6

favoring those responsible for the spills.”26 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.”27 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.”28

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

with the National Contingency Plan (NCP).29 The NPFC has promulgated a comprehensive set 

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

claims.30 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.31

 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 (NCP).

(d) That the removal costs were uncompensated and reasonable.32

Claimant asserts that all claimed costs are response costs and State of Alaska statute AS 

46.08.070 requires the state to seek reimbursement of response costs incurred in oil spill 

cleanup.33 Claimant further asserts that under State of Alaska regulations (18 AAC 75.910) each 

responsible party is liable for response costs, which include the costs invoiced by ADEC.34 In 

spite of the state requirements, the OSLTF is not the responsible party and the OSLTF is not 

bound by state law, but is governed by the Oil Pollution Act of 1990 (“OPA 90”) and its 

implementing regulations. 

On August 21, 2021, the USCG arrived at the scene of the incident and determined that the 

sheen should be left to naturally dissipate with no further response. A sheen remained through 

26 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). 27 33 U.S.C. § 2701(31). 28 33 U.S.C. § 2701(30). 29 See generally, 33 U.S.C. § 2712 (a) (4); 33 U.S.C. § 2713; and 33 CFR Part 136. 30 33 CFR Part 136. 31 33 CFR 136.105. 32 33 CFR 136.203; 33 CFR 136.205. 33 Email from ADEC to NPFC dated January 31, 2024. 34Id.
7

August 23, 2021 as shown in the photographs provided by the claimant.

35 The record 

demonstrates that the USCG communicated with and met with ADEC personnel from August 21, 

2021 through August 24, 2021 regarding the incident. Based on these facts, the NPFC finds that 

the following costs on invoice SPR-20672336 are compensable under OPA:

1. $14.93 for Assessment/Characterization – follow up on NRC#1314353 on August 23, 

2021.

2. $14.93 for Assessment/Characterization - follow up on NRC#1314353 with USCG on 

August 24, 2021.

3. $14.93 for Case Management – follow up with USCG with regard to NRC#1314353 on 

August 24, 2021.

4. $89.57 for Field Work – follow up on NRC#1314353 with the USCG on August 24, 2021.

The total of $134.36 in payable costs above is for initial SOSC response to the oil discharge 

in coordination with the USCG from August 21, 2021 through August 24, 2021. ADEC actions 

and costs after that date have not been shown to be compensable removal costs. The remaining 

$104.49 of costs on invoice SPR-206723 are denied because they were not coordinated with the 

USCG FOSC as required by the claims regulations37 and were not shown to be costs of oil spill 

removal under OPA. 

Further, the NPFC finds that the initially claimed invoice costs must be denied for the 

following reasons:

1. Invoice SPR-185989 in the amount of $344.16 for enforcement activity on August 25, 

2021, because the cost was not oil pollution removal but was an enforcement cost incurred

four days after the USCG determined that no removal response was necessary.

2. Invoice SPR-186421 in the amount of $14.26 for “Case Management” activity on 

September 21, 2021, because the cost was not oil pollution removal but was a file 

management cost that was incurred a month after the USCG determined that no removal 

response was necessary.

3. Invoice SPR-187827 in the amount of $32.27 for “Cleanup/Corrective Action” (i.e. 

updated database for case closure) on November 9, 2021,38 because the cost was a 

database/file management cost that was incurred more than two months after the USCG 

determined that no removal response was necessary. 

While the USCG determined that no removal action needed to be taken as of August 21, 

2021, when they decided to let the oil dissipate naturally, USCG personnel did return to the site 

and coordinated with ADEC through August 24, 2021. ADEC confirmed this as well via email 

dated January 31, 2024. However, ADEC’s actions after August 24, 2021 were not directed by 

the USCG FOSC or coordinated with the FOSC. 

35 See, ADEC claim submission photos, pages 23 & 24 of 24. 36 Invoice provided by ADEC via email to NPFC dated February, 6, 2024. 37 33 CFR Part 136 38 ADEC Spill Summary Report # 21119923301 provided with initial Claim submission.
8

The NPFC finds that $134.36 represents compensable removal costs under OPA. These costs 

are a result of the ADEC employee’s work leading up to and including a field visit to the spill 

site where she met with the USCG regarding the incident. The remaining $495.18 is denied.

VI. CONCLUSION:

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

the reasons outlined above, State of Alaska, Department of Environmental Conservation’s

request for uncompensated removal costs is approved in the amount of $134.36. 

 This determination is a settlement offer,39 the claimant has 60 days in which to accept this 

offer. Failure to do so automatically voids the offer.40 The NPFC reserves the right to revoke a 

settlement offer at any time prior to acceptance.41 Moreover, this settlement offer is based upon 

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

 

Claim Supervisor: Donna Hellberg

Date of Supervisor’s review: 2/23/24

Supervisor Action: Offer Approved

39 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. 33 CFR § 136.115(a). 40 33 CFR § 136.115(b). 41 33 CFR § 136.115(b).
9

ACCEPTANCE / RELEASE AGREEMENT

Claim Number: UCGP924009-

URC001

Claimant Name: State of Alaska, Department of 

Environmental Conservation

I, the undersigned, ACCEPT the National Pollution Funds Center’s settlement offer of $134.36 as full, final and complete 

settlement and satisfaction by the Oil Spill Liability Trust Fund (Fund) of the removal costs claimed by me in the specific claim 

number identified above. With my signature below, I also acknowledge that I accept as final agency action all amounts paid by the 

Fund for my claim, and all amounts submitted with subject claim that were denied in the National Pollution Funds Center’s 

determination and for which I will receive no compensation.

This settlement represents full and final release and satisfaction of the amounts claimed by me against the Fund under the Oil 

Pollution Act of 1990 (33 U.S.C. 2701, et seq.). I hereby assign, transfer, and subrogate to the United States all rights, claims, 

interest and rights of action that I may have against any person (including any firm or corporation) that may be liable for the 

amounts paid to me by the Fund under this claim. I authorize the United States to bring suit, compromise or settle in my name and 

for the United States to be fully substituted for me and subrogated to all of my rights arising from, and associated with, the amounts 

paid by the Fund for which I am compensated under this settlement . I warrant that no legal action has been brought regarding this 

matter, and no settlement has been or will be made, by me or any person acting on my behalf with any other party for amounts 

which are paid to me by the Fund.

This settlement is not an admission of liability by any party. 

I agree by my signature below that I will cooperate fully with the United States in any claim and/or action on behalf of the Fund 

against any person or party to recover the amounts so compensated. My cooperation shall include, but is not limited to, immediately 

reimbursing the Fund for any compensation received by me, or on my behalf, from any other source for those amounts the Fund 

has compensated me under this settlement and providing any documentation, evidence, testimony, and other support, as may be 

necessary for the United States to recover such amounts from any other person or party.

I also certify by my signature below that, to the best of my knowledge and belief, the information contained in this claim 

represents all material facts and is true and accurate. I understand that misrepresentation of facts is subject to prosecution under

federal law (including, but not limited to 18 U.S.C. §§ 287 and 1001).

Title of Person Signing Date of Signature

Printed Name of Claimant or Authorized Representative Signature

Title of Witness Date of Signature

Printed Name of Witness Signature

 *UEI number registered in SAM.gov 

 *UEI Cage Number