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CLAIM SUMMARY / DETERMINATION1 

Claim Number: UCGPJ17017-URC001 

Claimant: Alaska Department of Environmental Coservation 

Type of Claimant: State 

Type of Claim: Removal Costs 

Claim Manager: 

Amount Requested: $762.65 

Action Taken: Denial

EXECUTIVE SUMMARY:: 

 On July 2, 2017, Marine Safety Detachment (MSD) Ketchikan and Sector Juneau in its 

capacity as the Federal On Scene Coordinator (FOSC) received notification that the fishing 

vessel, F/V Deceptive C, ran aground on the south side of Zarembo Island and was creating a 

1,000 yard sheen.2

 A discharge of 2-3 gallons of oily bilge water was discharged from the vessel 

into the Stikine Strait, a navigable waterway of the United States.3

 

The Federal On Scene Coordinator (FOSC) identified ; owner/operator of 

F/V Deceptive C, as the responsible party (RP), as defined by the Oil Pollution Act of 1990.4 

The FOSC issued a Notice of Federal Interest (NOFI) to Mr. via a letter dated July 

4, 2017.5

On July 4, 2017, MSD Ketchikan federalized the cleanup operation under FPN J17017 and 

hired Power Systems & Supplies of Alaska, LLC., (“Power Systems” or “OSRO”) to contain and 

recover the oil substance from the vessel and waterway.

6

 On July 5, 2017, Power Systems 

deployed boom, recoved fuel from the vessel’s starboard tank and engine room, plugged fuel 

vents, recovered all product and oiled waste, and completed clean up.7

 During the FOSC’s investigation and recovery operations, Alaska Department of 

Environmental Conservation, Spill Prevention & Response (“ADEC” or “Claimant”) opened a 

case on the spill incident and communicated with the USCGand Power Systems.8 ADEC closed 

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 with 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 National Response Center (NRC) Report # 1183051 dated July 2, 2017. 3

Id. 4 33 U.S.C. § 2701(32).

5 USCG Notice of Federal Interest letter to the RP dated July 4, 2017. 6 SITREP-POL Two and Final updated July 7, 2017. 7 SITREP-POL Two and Final updated July 7, 2017. 8 ADEC claim submission to received May 25, 2023 ADEC Spill Summary Report 17119918302, pages 1-5.

(b) (6) (b) (6) (b) (6)
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their case on August 17, 2017, after Power Systems confirmed disposal of all waste associated 

with the spill incident.

On May 25, 2023, ADEC presented its removal costs to the National Pollution Funds Center 

(NPFC) in the amount of $762.65.9 The NPFC has thoroughly reviewed all documentation 

submitted with the claim, analyzed the applicable law and regulations, and after careful 

consideration has determined that all costs must be denied. 

I. INCIDENT, RESPONSIBLE PARTY AND RECOVERY OPERATIONS:

Incident

On July 2, 2017, at approximately 1800 hours, Marine Safety Detachment Ketchikan (MSD) 

and Sector Juneau received notification that the fishing vessel, F/V Deceptive C, ran aground on 

the south side of Zarembo Island.10 A discharge of 2-3 gallons of oily bilge water was discharged 

from the vessel into the Stikine Strait, a navigable waterway of the United States.

11 On July 3, 

2017, at 1930 hours, MSD Ketchikan arrived to the scene and reported the vessel was still 

aground and there was a sheen from a 5 gallon can of gasoline leaking from the bow of the 

vessel.12 On July 4, 2017, MSD Ketchikan federalized the cleanup operation under FPN J17017 

and hired Power Systems & Supplies of Alaska, LLC., (“Power Systems” or “OSRO”) to contain 

and recover the oil substance from the vessel and waterway.

13 On July 5, 2017, Power Systems 

deployed boom, recoved fuel from the vessel’s starboard tank and engine room, plugged fuel 

vents, recovered all product and oiled waste, and completed clean up.14

Responsible Party

 In accordance with the Oil Pollution Act of 1990, the owner/operator of the source which 

caused the oil spill is the Responsible Party (RP) for the incident.15 On July 4, 2017, a Notice of 

Federal Interest (NOFI) was read over the phone and mailed to ; owner of the 

F/V Deceptive C.16 Mr confirmed he was in fact, the owner/operator of the vessel 

at the time of the incident by his completion and signature of a U.S. Coast Guard Report of 

Marine Casualty form.17 As such, is identifed as the responsible party (RP), 

as defined by the Oil Pollution Act of 1990.18

Recovery Operations

9 ADEC claim submission to received May 25, 2023.

10National Response Center (NRC) Report # 1183051 dated July 2, 2017. 11Id. 12 SITREP-POL Two and Final updated July 7, 2017. 13 SITREP-POL Two and Final updated July 7, 2017. 14 SITREP-POL Two and Final updated July 7, 2017. 15 33 U.S.C. § 2701(32). 16 Notice of Federal Interest dated July 4, 2017 17 CG-2692 Form dated July 5, 2017. 18 33 U.S.C. § 2701(32).

(b) (6) (b) (6) (b) (6)
4

 On July 4, 2017, USCG federalized the cleanup operation under FPN J17017 and hired 

Power Systems to remove the oil substance from the waterway and dispose of any waste 

associated with spill incident.19 Sector Juneau Command Center (SCC Juneau) was requested 

and arrived on scene on July 5, 2017, to observe and assist MSD Ketchikan.20 Power Systems 

arrived on the scene on and deployed containment boom.21 The starboard tank was lightered with 

680 gallons of diesel oil recovered. An additional 195 gallons was lightered and recovered from 

the engine room. A total of 875 gallons was recovered from the vessel.22 The following day, on 

July 6, 2017, fuel vents were plugged, all product/equipment and oil was recovered, and clean up 

was complete.23

 During recovery/disposal operations, ADEC had a series of correspondence between USCG, 

the claimant, and Power Systems.

24 On July 3, 2017, ADEC opened a case on the spill incident. 

After Power Systems confirmed disposal of waste through their affiliate Full Cycle, LLC, ADEC 

closed the case on August 17, 2017.25

III. CLAIMANT AND NPFC:

 On May 25, 2023, the NPFC received a claim for $762.65.26 ADEC provided the NPFC with 

an OSLTF claim form, ADEC Spill Summary Report #17119918302, Invoices (SPAR20181049, 

SPAR2018441, SPAR2018685), hardship letter from RP, disposal documentation, ADEC 

Notification Questionnaire, ADEC Oil & Hazardous Substances Spill Notification Form, and 

photos of the incident.27

On June 12, 2023, the NPFC requested additional information from ADEC relative to their costs 

claimed.28 On June 22, 2023, ADEC replied to the NPFC’s request, providing their billing rates 

for the costs claimed.

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IV. DETERMINATION PROCESS:

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

Liability Trust Fund (OSLTF).30 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 

19 SITREP-POL Two and Final updated July 7, 2017. 20 SITREP-POL Two and Final updated July 7, 2017. 21 SITREP-POL Two and Final updated July 7, 2017. 22UCGG ICS 214a Pollution Responder’s log, page 2 of 2. 23 SITREP-POL Two and Final updated July 7, 2017. 24 ADEC claim submission to received May 25, 2023 ADEC Spill Summary Report 17119918302, pages 1-5. 25 ADEC claim submission to received May 25, 2023 ADEC Spill Summary Report 17119918302, page 5 of 5. 26 ADEC claim submission to received May 25, 2023. 27 ADEC claim submission to received May 25, 2023. 28 NPFC email to Claimant dated June 12, 2017. 29 ADEC email to NPFC dated June 22, 2017. 30 33 CFR Part 136.
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the facts of the claim.31 The NPFC may rely upon, is not bound by the findings of fact, opinions, 

or conclusions reached by other entities.32 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.33 An RP’s liability 

is strict, joint, and several.34 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.”35 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.”36 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.”37 

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

with the National Contingency Plan (NCP).38 The NPFC has promulgated a comprehensive set 

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

claims.39 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.40

31 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)). 32 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). 33 33 U.S.C. § 2702(a). 34 See, H.R. Rep. No 101-653, at 102 (1990), reprinted in 1990 U.S.C.C.A.N. 779, 780. 35 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). 36 33 U.S.C. § 2701(31). 37 33 U.S.C. § 2701(30). 38 See generally, 33 U.S.C. §2712 (a) (4); 33 U.S.C. § 2713; and 33 CFR Part 136. 39 33 CFR Part 136. 40 33 CFR 136.105.