CLAIM SUMMARY / DETERMINATION FORM 

Date : 10/15/2009 

Claim Number : 909105-001

Claimant : City of Flat Rock 

Type of Claimant : Local Government 

Type of Claim : Removal Costs 

Claim Manager : 

Amount Requested : $30,970.56

FACTS: 

1. Oil Spill Incident: On March 30, 2008, at about 2:15 pm, the Flat Rock Fire 

Department (FRFD) was called on a report of a peculiar fuel- like odor. The FRFD 

arrived at the site and discovered diesel fuel on the surface of Smith Creek, discharging 

from the storm outlet to the Creek from the street drainage system. The source of the 

discharge was unknown. Smith Creek is a tributary of the Huron River, a navigable 

water of the United States. The Huron River flows into Lake Erie. 

The FRFD notified the Rockwood Fire Department (Rockwood FD) of the discharge and 

requested their assistance due to the Rockwood community being downstream from the 

site. FRFD then placed compressed peat sorb, peat sorb socks and boom in Smith Creek 

to control and limit the spill. The FRFD Fire Chief notified the Director of the 

Department of Public Services, the mayor, and requested Inland Waters Pollution Control 

Services LLC (Inland Waters) come to the site for the clean up. The Chief also notified 

the State of Michigan, the Department of Environmental Quality, and the Pollution 

Emergency Alerting System of the incident. 

2. Description of removal actions: On March 30, 2008, both fire departments remained 

at the incident site after the arrival of Inland Waters. The FRFD had eight firemen at the 

site, the Chief's car, an ambulance and a heavy rescue vehicle, as well as the Flat Rock 

Director of Public Services. The Rockwood FD had ten firefighters there, with an 

ambulance, and two utility vehicles. Upon their arrival, Inland Waters assessed the 

incident site and placed boom at the discharge site and downstream to prevent diesel fuel 

from reaching the Huron River and Lake Erie. Inland Waters monitored the incident site 

and changed boom for several days (Sunday, March 30, 2008 to Monday, March 31, 

2008; Wednesday, April 2, 2008 to Thursday, April 3, 2008; and Friday, April 11, 2008) 

before completing the clean up and then disposal. 

Throughout the clean up, Inland Waters deployed a project manager; a crew leader; four 

emergency response technicians; two vacuum truck operators; a tanker operator; a wet 

vacuum truck; a jetter vacuum truck; a tractor tanker truck; and an emergency response 

truck. 

Disposal Manifests are included with the claim submission. 

 

3. The Claim: On June 29, 2009, the Claimant submitted a removal cost claim to the 

National Pollution Funds Center (NPFC) for reimbursement in the amount of $30,970.56 

for their uncompensated removal costs. The claim consists of the FRFD 
Incident report, diagrams of the spill location, photographs of the site, a newspaper article 

regarding the spill, FRFD billing summary, Rockwood FD billing summary, Inland 

Waters billing summary and daily work logs, a mutual aid rate schedule for the fire 

departments, invoices of work performed and supplies used during the clean up, disposal 

manifest and proof of payment. 

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 (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 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, NPFC, 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 

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. Federal On-Scene Coordination was provided by of the United States 

Environmental Protection Agency (USEPA). 

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

filed in court for the claimed uncompensated removal costs. 

4. The claim was submitted on time. 

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

the claim and determined that the removal costs presented were for actions in accordance 

with the NCP and that costs for these actions were indeed reasonable and allowable 

under OPA and 33 CFR § 136.205 as set forth below. 

B. Analysis: 

The NPFC Claims Manager has 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 costs were incurred as a result of these actions; (3) whether the actions taken 

were determined by the FOSC, and (4) whether the costs were adequately documented 

and reasonable. 

The Claims Manager’s review of the provided billing documentation from Inland Waters 

revealed charges to the FRFD that is inconsistent with the “Inland Waters Standard Price 

List, Revision 6, Effective June 15, 2006,” as provided to the FRFD on October 6, 2009. 

The claimant will be compensated for removal costs based on the rate schedule (Standard 

Price List) provided with the claim submission. The claimant was contacted on October 

13, 2009 and October 22, 2009 by the Claims Manager with an inquiry as to how 

payment was negotiated with Inland Waters. The claimant did not respond to the 

requests. 

According to the rate schedule, the work performed by Inland Waters on Sunday, March 

30, 2008 is considered double time. Sundays and holidays are double time, in which an 

additional $12.00 per hour is added to all overtime rates, and $20.00 per hour is added to 
the overtime rate for heavy equipment and management personnel. Inland Waters billed 

at a rate of $120.00 per hour for twelve hours for a total of $1,440.00 for the Project 

Manager on the invoice. The rate schedule lists the billing rate as $115.00 per hour

($95.00 overtime rate plus $20.00). The claimant will be compensated for twelve hours 

at the $115.00 rate for a total of $1,380.00.

The “wet vac & operator” was billed at $150.00 per hour for seven hours for a total of 

$1,050.00. The rate schedule lists the billing rate at $114.00 per hour ($102.00 overtime 

rate plus $12.00). Claimant will be compensated for seven hours at the rate of $114.00 

per hour for a total of $798.00. The “jetter vac & operator” was billed on the invoice at

$262.50 per hour for twelve hours for a total of $3,150.00. The rate schedule lists the 

billing for $201.00 per hour ($189.00 overtime rate plus $12.00). Claimant will be 

compensated for the twelve hours at $201.00 per hour for a total of $2,412.00. The 

“tractor/tanker& operator” was billed on the invoice at $135.00 per hour for seven and 

one-half hours for a total of $1,012.50. The rate schedule lists the rate at $112.00 per 

hour ($100.00 overtime rate plus $12.00). Compensation will be given for the seven and 

one-half hours at the $112.00 rate for a total of $840.00.

The spill response van was billed for $1,000.00 per day for one day on the invoice. The 

rate schedule lists the “hazmat response & command unit” at $680.00 per day. Claimant 

will be compensated $680.00 for the day. The absorbent boom 8’ was billed on the 

invoice at $90.00 per bag for thirteen bags, for a total of $1,170.00. The absorbent boom 

8’ is listed for $87.00 per bag on the rate schedule. Compensation will be given for the 

thirteen bags at the $87.00 rate for a total of $1,131.00. The one hour of “environmental 

time” billed on the invoice for $65.00 per hour for one hour is denied. The Claims 

Manager requested the explanation of “environmental time” billing on October 14, 2009 

and October 22, 2009. Explanation of the time was not provided. Compensation for that 

time is denied. Therefore, the total compensation amount denied for Sunday, March 30, 

2008 is $1,646.50. 

For the work performed by Inland Waters on Monday, March 31, 2008, the 

“tractor/tanker & operator” was billed on the invoice at $110.00 per hour for three hours 

at the standard time rate for a total of $330.00. The rate schedule lists the rate at $88.00 

per hour. Compensation will be given for the three hours at the $88.00 rate for a total of 

$264.00. The total compensation amount denied for Monday, March 31, 2008 is $66.00.

Inland Waters billed for their work done on Wednesday, April 2, 2008. They billed for 

the Project Manager at a rate of $95.00 per hour for eight hours of standard time and 

billed at the rate of $142.50 per hour for one hour at the overtime rate for a total of 

$902.50. However, the rate schedule lists the billing rate as $75.00 per hour for standard 

time and $95.00 per hour for overtime. The claimant will be compensated for the eight 

hours of standard time at the $75.00 per hour rate and at the $95.00 per hour rate for one 

hour of overtime work for a total of $695.00. The ER Techs billed for two and one-half 

of overtime hours at $67.50 per hour for a total of $168.75. The rate schedule lists the 

overtime rate for ER Techs as $65.00 per hour. Compensation will be granted for the two 

and one-half hours at the $65 per hour rate for a total of $162.50. The “rolloff truck & 

operator” were billed for two standard time work hours at the rate of $90.00 per hour for 

a total of $180.00. The rate schedule lists the rate at $85.00 per hour. Compensation for 

the two hours will be granted at the $85.00 per hour rate for a total of $170.00. The 

rolloff box rental was billed for $35.00 per day on the invoice for one day, but it is listed 

as $15.00 per day on the rate schedule. Therefore, $15.00 will be the compensation for 

the rolloff box rental. The absorbent boom 8’ was billed on the invoice at $90.00 per bag 
for six bags, for a total of $540.00. Again, the absorbent boom 8’ is listed for $87.00 per 

bag on the rate schedule. Compensation will be given for the six bags at the $87.00 rate 

for a total of $522.00. The rolloff liner was billed on the invoice for $65.00 each, for two 

liners for a total of $130.00. The rate schedule lists the price for each liner at $35.00 

each. Claimant will be compensated at the $35.00 each rate for the two liners for a total 

of $70.00. The invoice shows the rolloff tarp billed at $20.00 each for the one tarp. 

However, the rate schedule lists the tarp at $11.00 each. Claimant will be compensated 

$11.00 for the one tarp. The $25.00 charge for one “consumable” on the invoice 

provided no other information. The $25.00 compensation is denied. Therefore, the total 

compensation amount denied for Wednesday, April 2, 2008 is $355.75.

According to the invoice, the work billed on Friday, April 11, 2008 for four hours of 

standard time for the Crew Leader was $55.00 per hour for a total of $220.00 per hour. 

The rate schedule lists the standard time for a Crew Leader at $48.00 per hour. 

Compensation for the four hours at the $48.00 rate will be $192.00. The “rolloff 

tractor/trailer & operator” was listed on the invoice for $95.00 per hour for four hours for 

a total of $380.00. The listed rate on the rate schedule is $85.00 per hour. Claimant will 

be compensated for four hours at $85.00 per hour for a total of $340.00. Again, the 

rolloff box rental was billed for $35.00 per day on the invoice for one day, but it is listed 

as $15.00 per day on the rate schedule. Therefore, $15.00 will be the compensation for 

the rolloff box rental. The total compensation amount denied for Friday, April 11, 2008 

is $88.00. 

Based on the NPFC's denial of $2,156.25, the NPFC determines that the OSLTF will pay 

$28,814.31 as full compensation for the reimbursable removal costs incurred by the 

Claimant and submitted to the NPFC under claim# 909105-001.

C. Determined Amount: 

The NPFC determines that the OSLTF will pay $28,814.31 as full compensation for the 

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

claim# 909105-001. 

AMOUNT: $28,814.31

Claim Supervisor: 

Date of Supervisor’s review: 11/4/09

Supervisor Action: Approved 

Supervisor’s Comments: