Claim umber 

Claimant 

Type of Claimant 

Type of Claim 

Claim Manager 

Amount Requested 

FACTS: 

• CLAIM SUMMARY I DETERMINATION FORM • 

913060-0001 

State of Florida 

State 

Removal Costs 

$190.20 

Oil Spill Incident: On August 1, 2012, Florida Department of Environmental Protection 

(FL DEP) received notification via the National Response Center of nine gallons of diesel 

fuel leaking into St. John's River, a navigable waterway of the United States. FL DEP 

personnel responded to the Fort Gates Ferry area with USCG Sector Jacksonville and 

traced the sheen back to a vessel located in the area. The vessel owner, Mr.

, was determined to be the Responsible Party (RP) for this incident. 

Description of Removal Activities for this claimant: The Claimant, FL D EP, met with 

USCG Sector Jacksonville, making contact with the RP. He boarded the vessel and 

determined that a line leading to the on-board generator was broken. He fixed it, and 

placed boom around the vessel. RP stated he would have the oil cleaned up, and the 

USCG said it would follow up. 

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

National Pollution Fund Center (NPFC) for reimbursement of their uncompensated 

removal costs of State personnel, equipment and administrative costs in the amount of 

$190.20. FL DEP is claiming $90.90 in State personnel expenses, $77.30 in State 

equipment (vehicle, pads, and clothing) 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 )(1 )(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 oil, sludge, oil refuse, and oil mixed with wastes other 

than dredged spoil". 

The Oil Spill Liability Trust Fund (OSL TF), 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 ational 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 discharge of oil, the costs to prevent, . mize, or mitigate oil 

pollution from an incident". 

Under 33 USC §2713(b)(2) and 33 CFR 136.103(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]. 

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, PFC, 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 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 

ational 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. FO C Coordination has been established via USCG Sector Jacksonville 

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)(12), the claimant has certified no suit has 

been filed in court for the claimed uncompensated removal costs. 

4. The claim was submitted within the six year statute of limitations. 33 U.S.C. § 

2712(h)(l ). 
5. A Respons ible ~ was determined, but to date, has nol d 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 § I 36.205. 

B. Analysis: 

NPFC CA reviewed the actual cost invoices and dailies to confirm that the claimant bad 

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 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 9/ 11 /12. The Claimant states that all costs claimed are for 

uncompensated removal costs incurred by the Claimant for this incident on August 1, 2012. 

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 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 $190 .20 of uncompensated removal costs and that that amount is 

payable by the 0 L TF as full compensation for the reimbursable removal costs incurred by 

the claimant and submitted to the NPFC under claim #913060-0001. 

C. Determined A mo1111t: 

The NPFC hereby determines that the OSLTF wi ll pay $190.20 as full compensation for the 

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

# 913060-0001. All costs claimed are 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. 

AMOUNT: $190.20 

Claim Supervisor:

Date of Supervisor's review: 5116113 

upervisor Action: Approved 

Supervisor's Comments: