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CLAIM SUMMARY / DETERMINATION FORM

Claim Number : 918041-0001 

Claimant: U-Haul

Type of Claimant: Corporate (US)

Type of Claim: Removal Costs 

Amount Requested: $22,935.70 

Claims Manager: 

FACTS: 

Oil Spill Incident:

On March 26, 2018, a 35’ houseboat owned by Mr. Dennis sank while moored at, 

All Marine Spares International, a U-Haul Marina, located in Norwalk, Connecticut. The vessel 

rapidly sank and was suspected to have had hull fitting failure.1

 As a result of the sinking, oil 

was discharged and created a sheen reported to be approximately 70’ x 50’ in length2 on the 

surface of the Norwalk River, a navigable waterway of the United States. 

The United States Coast Guard Sector Long Island Sound Incident Management Division, (CG 

Long Island Sound IMD) was notified of the spill by the National Response Center (NRC) 

Report # 1120443. The reporting party was the Norwalk Fire Department who had placed 

sausage boom around the sunken vessel.3

 When CG Long Island Sound IMD arrived on-scene 

of the oil spill incident, they observed a sunken vessel that was in significant disrepair and was 

suspected to have approximately ten (10) gallons of gasoline, a propane tank, and home heating 

oil onboard the houseboat..4

 The Property Manager and neighboring vessel owners stated that the 

vessel had been moored and inoperable at pier side for at least, ten (10) years and believed the

tanks were empty with no batteries onboard.5 CG Long Island Sound IMD issued Mr. 

 a Notice of Federal Interest.6

 

At the time of the sinking, Mr. lived full time on the vessel, which was nonoperative, with no known other address.7

 Mr was on board at the time of the 

vessel sinking and he entered the water with the vessel.8 The Norwalk Police Department was 

contacted and found Mr. in his car, wet, and suffering from hypothermia. Mr. 

 was later hospitalized and treated for his injuries.9

 

1 See, SITREP 281308Z MAR 18 – 032359Z APR 18. 2 See, SITREP 281308Z MAR 18 – 032359Z APR 18. 3 See, SITREP 281308Z MAR 18 – 032359Z APR 18. 4 See, SITREP 281308Z MAR 18 – 032359Z APR 18. 5 See, SITREP 281308Z MAR 18 – 032359Z APR 18. 6 See, Claimant’s Enclosure #2, Notice of Federal Interest to Mr. dated, march 28, 2018. 7 See, Claimant’s submission letter dated, September 4, 2018. 8 See, SITREP 281308Z MAR 18 – 032359Z APR 18. 9 See, Claimant’s Enclosure #3, Norwalk Police Department Case/Incident Report # 18000014629.


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the scope of the oil spill incident, and the NPFC has the authority and responsibility to perform a 

reasonableness determination. 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 exceptional 

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

with the FOSC.” [Emphasis added]. 

DETERMINATION OF LOSS: 

A. Overview:

1. USCG Sector Long Island Sound personnel served as the Federal On-Scene 

Coordinator (FOSC) for this incident and oversaw the cleanup actions that were 

undertaken by CTR,19 and determined that those actions to be consistent with the 

provisions of sections 1002(b)(1)(B) and 1012(a)(4) of OPA, 33 U.S.C. §§ 

2702(b)(1)(B) and 2712(a)(4);

2. The incident involved the discharge of “oil” as defined in OPA 90, 33 U.S.C. §2701 

to “navigable waters.”

3. The claim was submitted to the Fund within the six year period of limitations for 

removal costs claims. 33 U.S.C. §2712(h)(1).

4. The NPFC Claims Manager thoroughly reviewed all documentation submitted with 

the claim and determined which of the costs claimed were associated with OPA 

compensable removal actions in accordance with the NCP and that costs for these 

actions were reasonable and allowable under OPA and 33 CFR § 136.206.20

B. NPFC Analysis

The focus of the NPFC’s review of this claim is as follows:

(1) Whether the actions taken were compensable “removal actions” under OPA;

(2) The actions taken were to prevent, minimize, and mitigate the effects of the incident;

(3) Whether the actions taken were determined by the FOSC to be consistent with the 

National Contingency Plan or directed by the FOSC; and

(4) Whether the costs were adequately documented and reasonable.

 19 See, SITREP 20 See, NPFC Summary of Costs Spreadsheet.