Claim Number: 

Claimant: 

Type of Claimant: 

Type of Claim: 

Claim Manager: 

Amount Requested: 

FACTS: 

CLAIM SUMMARY I DETERMINATION 

9 13049-0001 

Florida Depa1tment of Environmental Protection 

State 

Removal Costs 

$514.58 

Oil Spill /11cide11t: On September 13, 2011, a report was received concerning a 300' x 25 ' oil 

sheen, with recoverable product, in the Po1t of Cape Canaveral, a navigable waterway of the US. 

Marina owner volunteered his absorbent pads and boom to collect the product from the water. 

The sheen was traced to the FN Chery l Lynn, owned by Sea Star Seafood's in Honduras. USCG 

collected oil samples from the water's surface and the bilge of the F/V Che1y l Lynn.

1 The 

samples were analyzed by the USCG Marine Safety Laboratoty and they conc luded that the ? 

samples matched.-

Description of Removal Activities for this claimant: On September 13, 2011 , Florida 

Depaitment of Environmental Protection (FLDEP) provided coordination with first responders, 

pott authority personnel and the Federal On-Scene Coordinator Representative (FOSCR) from 

USCG Marine Safety Detachment Pott Canaveral. On September 14, 2011 , FLDEP mobilized to 

the spill location assisting the FOSC with determining the area of impact and evaluating the 

wildlife affected by the spill.3 

The Claim: On May 14, 201 3, FLDEP presented a removal cost c la im to the National Pollution 

Funds Center (NDFC) for re imbursement of their uncompensated removal costs in the amount of 

$514.58. 

APPLICABLE LAW: 

Unde r OPA 90, at 33 USC § 2702(a), responsible patties are liable for removal costs and 

damages resulting from the discharge of oil into navigable waters and adj oini ng shorelines, as 

described in Section 2702(b) of OPA 90. A responsible party's liability will include " removal 

costs incurred by any pe rson for acts taken by the person which a re 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, fue l oil, sludge, oil refuse, and oil mixed with wastes other than dredged 

spoil" . 

The Oi l 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 OSLTF claims adjudication regul ations at 33 

CFR Pait 136, to pay claims for uncompensated removal costs that are dete rmined to be 

consistent with the National Contingency Plan and uncompensated damages. Remova l costs are 

defined as "the costs of remova l that are incurred after a discharge of oil has occurred or, in any 

1 USCG MISLE Case Number 569084 provided incident description details. 2 USCG Marine Safety Laboratory Case Number 11-323. 3 FLDEP BER Response In fom1ation Form for incident number 20 11-7C-4 5867. 

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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 §27 l 3(b)(2) and 33 CFR 136.103(d) no claim aga inst 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 c laim. See also, 33 USC §2 713( 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 c laimant bears the burden of providing to the 

NPFC, all ev idence, 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 resu lting 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 remova l costs were incu1Ted as a result of these action s; 

(c) That the actions taken were determined by the FOSC to be consistent vvith the National 

Contingency Plan or were directed by the FOSC." 

Under 33 CFR 136.205 " the amount of compen sation allowable is the total of uncompensated 

reasonable removal costs of actions taken that were detem1 ined 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 cla imed must have been coordinated 

with the FOSC." [Emphasis added]. 

DETERMINATION OF LOSS: 

A. Overview: 

I. FOSC coordination was made with USCG Sector Jacksonvi lle, FL. 

2. The incident invo lved 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 Cla imant has certified no suit has been fi led 

in court for the claimed uncompensated removal costs. 

4. 4. The claim was submitted within the six year statute of limitations. 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 

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

and allowable under OP A and 33 CFR § 136.205 . 

B. Analysis: 

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

incurred all costs claimed. The review focused on: (1) vvhether 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 

incun-ed 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 Cla ims Manager validated the costs incurred and determined that these costs, were 

reasonable, necessary and performed in accordance with the National Contingency Plan 

(NCP). The Claimant states that all costs claimed are for uncompensated removal costs 

incurred by the Claimant for this incident on September 13,2011 . 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 documents, the response by 

FL DEP is determined reasonable and necessary to mitigate any furt her damage the o il may 

have caused. On that basis, the Claims Manager hereby determines that the Claimant 

incurred $514.58 of uncompensated removal costs and that that amount is payable by the 

OSLTF as full co1npensation for the reimbursable removal costs incurred by the Claimant and 

submitted to the NPFC under claim #913049-0001. 

C. Determined Amoullt: 

The NPFC hereby determines that the OSLTF will pay $514.58 as full compensation for the 

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

#913049-000 I. 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 Claimants. 

AMOU 

I 

Claim Supervisor:

Date of Supervisor's review: 5121113 

Supervisor Action: Approved 

Supervisor's Comments: 

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