Claim Number: 

Claimant: 

Type of Claimant: 

Type of Claim: 

Claim Manager: 

Amount Requested: 

FACTS: 

CLAIM SUMMARY I DETERMINATION 

91 3084-000 I 

Inland Waters of Ohio, Inc 

Corporate 

Removal Costs 

$4,074.76 

Oil Spill Incident: On December 20, 20 I 0, a semi-truck was involved in a traffic accident that 

occurred on east bound Interstate 90 at mile marker 2 14 in Madison Township, Lake County, 

Ohio. The truck's saddle tank became compromised and discharged approximately 125 gallons 

of diesel fuel into a ditch adjacent to the interstate. The spill flowed down this ditch for 

approximately 50 feet before entering an unnamed stream and flowed through the culvert under 

the highway. The unnamed stream is reported to be a tributary to Arcola Creek which flows into 

Lake Erie, a navigable waterway of the United States. 

Responsible Party: The Ohio Environmenta l Protection Agency identified Progressive 

Transport, Inc. as the Responsible Party (RP), who owned/operated the semi-truck at the time of 

the accident and is detennined to be the responsible party under the Oil Pollution Act. The 

National Pollution Funds Center (NPFC) sent a RP Notification letter to the RP on September 4, 

20 13. 

Description of Removal Activities: On December 20, 20 I 0, Inland Waters of Ohio (IWO) was 

contracted by the RP to contain, recover, and dispose of diesel contaminated material associated 

with the spill from the semi-truck. IWO vacuumed diesel from the the c reek, placed booms at 

culvert drain pipes and a long along a fence line that the creek trave ls through, and rebuilt a siphon 

dam per Ohio EPA instruction. 

tWO returned to the incident site to perform maintenance on established containment materia l on 

December 2 1-23, 20 I 0, January 5, February 3 and 14. On March 18, 20 II , all booms were 

removed as the area no longer had visable sheening. 

The Claim: On August 29, 201 3, Inland Waters of Ohio Inc presented a removal cost claim to the 

National Poll utio n Funds Center (NPFC) for reimbursement of their uncompensated removal 

costs in the amount of$4,074.761 

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 shore lines, as 

described in Section 2702(b) ofOPA 90. A responsible party's liability will include ·'remova l 

costs incurred by any person for acts taken by the person which are consistent with the National 

Contingency Plan" . 33 USC§ 2702(b)( I )(B). 

"Oil" is defi ned in relevant part, at 33 USC§ 270 I (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''. 

1 USCG NPFC Optional OSL TF Claim Form dated August 23, 2013. 

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The Oil Spill Liability Trust Fund (OSLTF), which is administered by the NPFC, is available, 

pursuant to 33 USC §§ 27 12(a)( 4) and 27 13 and the OSL TF claims adjudication regulations at 33 

CFR Pa rt 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 

defin ed 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 inc ident''. 

Under 33 USC §27 13(b)(2) and 33 CFR 136.1 03(d) no c laim against the OSL TF may be 

approved or certified for payment during the pendency of an action by the claimant in cout1 to 

recover the same costs that a re the subject of the claim. See also, 33 USC §27 13( c) and 33 CFR 

136.1 03( c )(2) [claimant election]. 

33 U .S.C. §27 13(d) provides that " If a c laim is presented in accordance with this section, 

includ ing a c laim for interim, short-term damages representing less than the full amount of 

damages to which the c laimant 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. 1 OS( a) and 136.1 05(e)(6), the claimant bears the burden of providing to the 

NPFC, all evidence, informatio n, and documentation deemed necessary by the Director, NPFC, to 

support the cla im. 

Under 33 CFR 136. 1 OS(b) each claim must be in writing, for a sum cet1ain 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 inc ident, and the NPFC has the authority and responsibility to perform a 

reasonableness dete rmination. Specifica lly, unde r 33 CFR 136.203, ·'a claimant must establish-

(a) That the actions taken were necessary to prevent, minimize, o r mitigate the effects of the 

incident; 

(b) That the removal costs were incurred as a resu lt ofthese actions; 

(c) That the actions taken were determined by the FOSC to be consistent with the Nati ona l 

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 

c ircumstances, removal activities for which costs are being c laimed must have been coordinated 

with the FOSC." [Emphasis added]. 

DETERMINATION OF LOSS: 

A. Overview: 

I. The NPFC has detennined that the actions undertaken by the claimant are deemed consistent 

with the NCP. This determination is made in accordance with the Delegation of Authority for 

Detennination of Consistency with the NCP for the payment of uncompensated removal cost 

claims and is consistent with the provisions of sections I 002(b )(I )(B) and I 0 12(a)( 4) of 

OPA, 33 U.S.C. §§ 2702(b)( I)(B) and 27 12(a)(4). 

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2. The incident involved the discharge of ·'oil'' as defined in OPA 90, 33 U.S.C. §270 I to 

" navigable waters.'· 

3. In accordance with 33 CFR § 136. 1 05( e)( 12), the claimant has certified no suit has been fil ed 

in court for the claimed costs. 

4. In accordance with33 U .S.C. § 27 12(h)( I), the claim was submitted within the six year 

statute of limitations for removal costs. 

5. The NPFC Claims Manager thoroughly reviewed all documentation submitted with the claim 

and determined what costs presented were for actions in accordance with the NCP and that 

the costs for these actions were reasonable and allowable under OPA and 33 CFR § 136.205. 

B. Analysis: 

NPFC CA reviewed the actua l cost invoices and dailies to confirm that the claimant had 

inc urred all costs claimed. The review focused on: ( I) whether the actions taken were 

compensable ·'removal actions" under OPA and the claims regulations at 33 CFR 136 (e.g., 

actio ns 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. 

All costs were validated and the NPFC has determined the costs were reasonable, necessary 

and performed in accordance with the National Contingency Plan (NCP). The costs billed 

we re billed in accordance with the published rate schedule at the time services were rendered. 

On that basis, the Claims Manager herby determines that the Claimant did in fact inc ur 

$4,074.76 of uncompensated removal costs and that amount is payable by the OSL TF as fu ll 

compensation for the reimbursable removal costs incurred by the Claimant and submitted to 

the NPFC under cla im #91 3084-000 I. The Claimant states that all costs c laimed are for 

uncompensated remova l costs incurred by the Cla imant for this incident beginning on 

December 20, 20 I 0. The Cla imant represents that all costs paid by the Claimant are 

compensable removal costs, payable by the OSL TF as presented by the Claimant. 

C. Determined Amount: 

The NPFC he reby determines that the OSLTF will pay $4,074.76 as full compensation for the 

reimbursable removal costs incurred by the Claimant and submitted to the NPFC unde r c laim 

#91 3084-000 I. All costs c laimed are for charges pa id for by the Claimant for removal 

actio ns as that te rm is defined in OPA and, are compensable removal costs, payable by the 

OSL TF as presented by the C laimants. 

AMOUNT: 4,074.76 

Claim Supervisor:

Date of Supervisor's review: I 012113 

Supervisor Action: Approved 

Superv isor's Comments: 

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