Claim Number: 

Claimant: 

Type of Claimant: 

Type of Claim; 

Claim Manager: 

Amount Requested: 

FACTS: 

Oil Spill Incident: 

CLAIM SUMMARY I DETERMINATION 

913054-0001 ' 

Florida Department of Environmental Protection 

State · 

Removal Cos 

$209.48 

On 9 April 2012, The Florida Bureau of Emergency Response (FL BER) received a call from the 

Pinellas County 911 Center reporting a gasoline sheen in tlie waters of the canal system in the 

Gulfporti'Pasadena area The sheen was located near the Pasadena Yacht and Country Club at 

the east end of Skimmer Point Blvd, South. 

Upon arrival at the scene, FL BER personnel went to the loction and in.et with the Fire 

Department, the Police Department, and the United States Coast Guard Personnel to assess the 

situation. It was determined that approximately 20 gallons had discharged into the waters of the . 

canal. The source of the discharge was a sunken vessel owned by . 

Notifications were made to the Fire Dep~ent, the Police Department, and the United States 

Coast Guard (USCG). 

Descriptiop. of Removal Activities for this Claimant: 

At the time when the FL BER personnel and the Federal On Scene Coordinator (FOSC) from 

Sector St. Petersburg arrived on scene, they determined the source of the discharge was a sun.ken 

.. vessel. The owner .of the vessel, Mr. , was not on scene at the time. Upon arrival, he 

took responsibility for the vessel, immediately contacting SWS to respond to the situation. They 

responded by deploying a vacuum truck and two responders to the scene. The remaining fuel 

was vacuumed from the vessel, and the gasoline sheen was allowed to dissipate naturally. 

Towboat US refloated the vessel and towed it to Maximo Marina · 

The Claim: 

On 6 May 2013, the Florida Department of Environmental Protection (DEP) submitted a removal 

cost claim to the National Pollution Funds Center (NPFC) for reimbursement of their 

uncompensated removal costs of State personnek, expenses and equipment costs in the amount 

of$209.48 

I 
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 OP A 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 defmed in relevant part, at 33 USC § 2701(23), to mean "oil of any kind or in any form, 

including petroleum, fuel oil, 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 33 CPR 136.103(d) no claim against the OSLTP 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 CPR 

136.103(c)(2) [claimant election]. 

Under 33 CPR 136.lOS(a) and 136.105(e)(6), the claimant bears the burden of providing to the 

NPPC, all evidence, information, and documentation deemed necessary by the Director, NPPC, 

to support the claim. 

Under 33 CPR 136.lOS(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 CPR 

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 NPPC 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 POSC to be consistent 

·------~-------------- 3 
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. FOSC coordination has been provided by of Sector St. Petersburg 

(USCG) on 23 April 2012. 

2. The incident involved the 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), the Claimant has certified no suit has 

been filed in court for the claimed uncompensated removal cost 

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 determined 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 

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 Sector St. Petersburg determined 

these costs, were reasonable, necessary and performed in accordance with the National 

Contingency Plan (NCP) as evidenced by their sign off on FL DEP's Emergency 

Response Incident Report dated 4/23/12. The Claimant states that all costs claimed are 

for uncompensated removal costs incurred by the Claimant for this incident on April 9, 

2012. The Claimant represents that the costs it paid are compensable removal costs, 

payable by the OSLTF as presen~ed by the claimant. 

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

the response by FL DEP is determined to be 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 $209 .48 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 #913054-0001. 
C. Determined Amount: 

The NPFC hereby determines that the OSLTF will pay $209.48 as full compensation for the · 

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

number 913054-0001. All costs claimed are for charges paid for by the Claimant. for removal 

actions as that term is defined in OP A and, are compensable removal costs, payable by the 

OSL TF, as presented by the Claimant. · 

AMOUNT: $209.48 

Claim Supervisor

Date of Supervisor's review: May 16, 2013 

Supervisor Action: Approved 

Supervisor's Comments: