CLAIM SUMMARY / DETERMINATION 

Claim Number: N18026-0001

Claimant: Oil Mop LLC (OMI)

Type of Claimant: OSRO

Type of Claim: Removal Costs

Claim Manager: 

Amount Requested: $7,187.20

Action Taken: Offer in the amount of $7,187.19

EXECUTIVE SUMMARY: 

 On January 23, 2018 at 1030 local time, a discovery of an unknown amount of crude oil 

was discovered and had discharged from a tank battery in Bullycamp oil field marsh.1 The 

incident was reported to the National Response Center (NRC) via report # 1202800 dated 

January 25, 2018.2 United States Coast Guard (USCG) Marine Safety Unit (MSU) Houma 

Pollution Investigators responded to the incident on Janury 25, 2018 and discovered that the 

incident occurred due to a burst pipe and discovered that the discharge created a sheen in 

Bullycamp Oil field, a tributary to Bayou LaFourche, a navigable waterway of the United 

States.3 The owner of the tank battery is Redrock Energy Group (Redrock or RP), was identifed 

as the responsible party (RP), as defined by the Oil Pollution Act of 1990.4

On On January 26, 2018, Oil Mop Environmental Solutions (OMI or Claimant) was hired by 

Mr of Redrock Energy.5 OMI arrived on scene and began response efforts 

removing the sheen in the tank bettery and on the waters of Bullcamp Oil field.6 On July 12, 

2018, MSU Houma in its capacity as the Federal On Scene Coordinator (FOSC) determined that 

the environmental threat was no longer a concern and the response was determined complete.7

On March 28, 2018, OMI presented its removal costs claim to the RP via OMI invoice # 

N1803-291 in the total amount of $16,687.20.8 OMI stated that the RP paid a depsit of $9,500.00 

which was applied to the overall invoiced amount resulting in a remaining balance of $7,187.20.9 

OMI presented it claim to the National Pollution Funds Center (NPFC) for $7,187.20.10 The 

NPFC has thoroughly reviewed all documentation submitted with the claim, analyzed the 

applicable law and regulations, and after careful consideration has determined that $7,187.19 of 

the requested amount is compensable and offers this amount as full and final compensation of 

this claim.

I. INCIDENT, RESPONSIBLE PARTY AND RECOVERY OPERATIONS:

 

1 USCG MISLE Case # 1114400 Narrative Summary dated January 23, 2018.

2 NRC Report # 1202800 dated Janaury 25, 2018.

3USCG MISLE Case # 1114400 Narrative Summary dated January 23, 2018.

4 33 U.S.C. § 2701(32) and USCG MISLE Case # 1114400.

5 OMI General Services Agreement dated Janury 26, 2018.

6 NRC Incident Report #1267185, dated December 23, 2019.

7 USCG POLREP Three dated July 12, 2018.

8 OMI invoice # N1803-291 dated March 28, 2018.

9 OMI OSLTF claim form dated May 21, 2020.

10 OMI claim submission, dated May 21, 2020.

(b), (b) (6) (b), (b) (6)
Incident

 On January 23, 2018 at 1030 local time, a discovery of an unknown amount of crude oil 

was discovered and had disvharged from a tank battery in Bullycamp oil field marsh.11 The 

incident was reported to the National Response Center (NRC) via report # 1202800 dated 

January 25, 2018.12 United States Coast Guard (USCG) Marine Safety Unit (MSU) Houma 

Pollution Investigators responded to the incident on Janury 25, 2018 and discovered that the 

incident occurred due to a burst pipe and discovered that the discharge created a sheen in 

Bullycamp Oil field, a tributary to Bayou LaFourche, a navigable waterway of the United 

States.13 The owner of the tank battery is Redrock Energy Group (Redrock or RP), was identifed 

as the responsible party (RP), as defined by the Oil Pollution Act of 1990.14

On On January 26, 2018, Oil Mop Environmental Solutions (OMI or Claimant) was hired by 

Mr. of Redrock Energy.15 OMI arrived on scene and began response efforts 

removing the sheen in the tank bettery and on the waters of Bullcamp Oil field.16 On July 12, 

2018, MSU Houma in its capacity as the Federal On Scene Coordinator (FOSC) determined that 

the environmental threat was no longer a concern and the response was determined complete.17

Responsible Party

 The FOSC responded to the discharge on January 25, 2018 and discovered that the 

discharge occurred due to a burst pipe. The gauge Technician working for Redrock Energy 

Group that was on site at the time of the incident, stated that five (5) barrels of crude oil had 

discharged and created a sheen in Bullycamp Oil field, a tributary of Bayou LaFourche, a 

navigable waterway of the United States.18 The FOSC identified Redrock Energy Group, owned 

by Mr. , as the Responsible Party (RP).19

The NPFC issued a Responsible Party Notification Letter to the RP on June 1, 2020.20 A 

Responsible Party Notification letter notifies the owners and/or operators that a claim was 

presented to the National Pollution Funds Center (NPFC) seeking reimbursement of 

uncompensated removal costs incurred as a result of response services performed that resulted 

from a vessel or facility that was identified as the source of a discharge or substantial threat of a 

discharge of oil to navigable waters of the United States. The NPFC received a voice mail 

message from Mr. (RP) in response to the RP letter he received via email.21

Ms. of the NPFC returned Mr. call on June 3, 2020 and 

discussed the nature of the claim with the RP. Mr. confirmed his inability to pay the 

remaining balance without an extended payment plan that OMI would not agree to. The NPFC 

advised that the claim would be adjudicated in accordance with the governing claims regulations 

 

11 USCG MISLE Case # 1114400 Narrative Summary dated January 23, 2018.

12 NRC Report # 1202800 dated Janaury 25, 2018.

13USCG MISLE Case # 1114400 Narrative Summary dated January 23, 2018.

14 33 U.S.C. § 2701(32) and USCG MISLE Case # 1114400.

15 OMI General Services Agreement dated Janury 26, 2018.

16 NRC Incident Report #1267185, dated December 23, 2019.

17 USCG POLREP Three dated July 12, 2018.

18 USCG SITREP dated September 1, 2020 as part of USCG MISLE Case # 1114400.

19 USCG SITREP dated September 1, 2020 as part of USCG MISLE Case # 1114400.

20 RP Notification Letter, dated June 1, 2020.

21 Voice message from RP to NPFC dated June 3, 2020.

(b), (b) (6) (b), (b) (6) (b), (b) (6) (b), (b) (6) (b), (b) (6) (b), (b) (6)
and if he did not pay the amount owed prior to the finalization of the claim, he would be liable 

for any paid costs.22 To date, the invoice balance remains unpaid by the RP.

Recovery Operations

On January 26, 2018, OMI was hired to handle the cleanup and removal of the oil spill 

release into the Bullycamp Oil field.23

OMI’s cleanup operations entailed placing absorbent booms into secondary containment to 

absorb residual product, and pumping oil from the affected tank. OMI also provided boom to the 

RP at its request.24

II. CLAIMANT AND RP: 

 Absent limited circumstances, the federal regulations implementing the Oil Pollution Act of 

1990 (OPA)25 require all claims for removal costs or damages must be presented to the 

responsible party before seeking compensation from NPFC.26

 OMI states that the RP made an initial payment of $9,500.00 but has not been able to pay 

the remaining costs after receiving the OMI invoice seeking payment of the remaining costs. 

III. CLAIMANT AND NPFC: 

 When an RP denies payment on a claim, or fails to respond within the 90 day response time 

period, a claimant may elect to present its claim to the NPFC.27 On May 26, 2020, the NPFC 

received a claim for $7,187.20 from OMI, dated May 21, 2020.28

IV. DETERMINATION PROCESS: 

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

Trust Fund (OSLTF).29 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 

the facts of the claim.30 The NPFC may rely upon, is not bound by the findings of fact, opinions, 

 

22 June 3, 2020 recap of phone conversation between RP and NPFC that was sent to the RP via email.

23 OMI claim submission # N18026-0001 dated May 21, 2020.

24 OMI Invoice #N1803-291 dated March 28, 2018.

25 33 U.S.C. § 2701 et seq.

26 33 CFR 136.103.

27 33 CFR 136.103.

28 OMI claim submission, dated May 21, 2020.

29 33 CFR Part 136. 

30 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)).
or conclusions reached by other entities.31

 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.32 An RP’s liability 

is strict, joint, and several.33 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.”34 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.”35 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.”36

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

with the National Contingency Plan (NCP).37 The NPFC has promulgated a comprehensive set of 

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

claims.38 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.39

 Before reimbursement can be authorized for uncompensated removal costs, the claimant must 

demonstrate by a preponderance of the evidence:

(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;

 

31 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).

32 33 U.S.C. § 2702(a).

33 See, H.R. Rep. No 101-653, at 102 (1990), reprinted in 1990 U.S.C.C.A.N. 779, 780.

34 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).

35 33 U.S.C. § 2701(31).

36 33 U.S.C. § 2701(30).

37 See generally, 33 U.S.C. §2712 (a) (4); 33 U.S.C. § 2713; and 33 CFR Part 136.

38 33 CFR Part 136.

39 33 CFR 136.105.