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CLAIM SUMMARY / DETERMINATION 

Claim Number: N18037-0001

Claimant: Texas General Land Office

Type of Claimant: STATE

Type of Claim: Removal Costs

Claim Manager: 

Amount Requested: $759.18

FACTS: 

Oil Spill Incident:

On April 19, 2018, at 0924 the State of Texas General Land Office (TGLO) State On-Scene 

Coordinator (SOSC), Mr , responded to a report

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of an oil sheen and black oil in 

the Sabine Neches Ship Channel, in Jefferson County, Texas.2 There were several other reports 

of sheen and black oil being discovered around the general vicinity.3

At 0934, SOSC notified and coordinated with the United States Coast Guard (USCG), 

PO , from Marine Safety Unit (MSU), Port Arthur. At 1015, both the SOSC and 

MSU Port Arthur staff, were on scene working to federalize the oil spill cleanup, when 

approximately 10 gallons of what appeared to be black bilge oil washed in around a sailboat at

the end of, Dock D. Another one gallon of black oil and sheen was visible around the Jefferson 

County Sheriff Office dock. 

At 1133 MSU personnel and SOSC investigated Dustin Seafood Shrimp Dock and 

found sheening and less than one gallon of emulsified oil against its bulkhead. Additional sheen 

was found blowing in from the main channel.

Two oil samples were taken by the Coast Guard and captured in both SITREP ONE AND 

FINAL by MSU Port Port Arthur and in the SOSC Chronology Report. The first oil sample (oil 

sample #1) was taken from the oil at Port Authority and the second oil sample (sample #2) was 

taken from clean water at Port Authority.4

At 1250, approximately 15 gallons of black oil washed out from under the Jefferson County 

Sheriff dock. Coast Guard requested additional Oil Mop personnel be brought on scene to assist 

with the cleanup operations.5

At 1350, a 5’ x 100’ sheen and broken emulsified oil was found at the Sabine, Coast Guard 

Station, which was unable to be cleaned up. 

 

1 NRC Incident Report # 1209701

2 See, Texas Oil or hazardous Substances Discharge or Spill Report.

3 See, Response Chronology for Response Officer, , in claim file.

4

Id.

5

Id.
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Description of Removal Actions Performed:

The National Pollution Funds Center (NPFC), Oil Spill Liability Trust Fund (OSLTF) was 

opened and Oil Mop was hired under BOA # HSCG84-17-A-N00068,

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to recover, remove, and 

dispose of the spilled oil. 

Oil Mop arrived on scene at 1130 with five personnel and equipment.7 Port Arthur personnel 

conducted a safety brief prior to clean up operations. At 1210 Oil Mop began cleanup

operations. Oil Mop removed boards from the Jefferson County Sheriff dock and flushed under 

the pier and provided extra personnel based on the Coast Guard’s request.

SOSC relieved SOSC on, April 19, 2018 at 1430. Cleanup activities 

were underway and A Dock spill area had dissipated and D Dock spill area was cleaned. All 

vessels on D Dock were cleaned except “Sea Horse,” which left and returned. A sailboat berthed 

in slip D-1 is scheduled to be cleaned, April 20th.

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After the investigations were performed by, MSU Port Arthur and TGLO Response Personnel, a 

source of the spill was not determined. 

The SOSC assisted and monitored the cleanup efforts of the contractor, Oil Mop.9 TGLO states 

in their claim submission, the cleanup was consistent with the National Contingency Plan (NCP) 

and approximately 27 – 30 gallons of waste / bilge oil was cleaned up.10

Claim:

On May 11, 2018, TGLO submitted a removal cost claim to the NPFC for reimbursement of its 

uncompensated removal costs in the amount of $759.18 for its response personnel and 

equipment.11 The claimant provided a signed TGLO Expedited Small Claim Form, TGLO Spill 

Prevention & Response Program Incident Response Cost Invoice, TGLO Oil Spill Incident 

Report for Spill Number 2018-1411, and SOSC Notes.12

APPLICABLE LAW: 

"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.”

 

6 See, COGARD MSU Port Arthur, TX to CCGDEIGHT New Orleans, LA, Authorization Proceed.

7 See, Response Chronology for Response Officer, , in claim file.

8 See, Response Chronology for Response Officer, , in claim file.

9 See, SOSC notes in claim file.

10 See, pictures provided by Claimant.

11 SOSCs and , three 4x4 trucks/response vehicles.

12 See claim file.
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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. Findings of Facts:
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1. FOSC coordination has been established by USCG MSU Port Arthur via Federal Project 

Number N1803713. 33 U.S.C. §§ 2702(b)(1)(B) and 2712(a)(4);

2. The incident involved the report of a discharge “oil” as defined in OPA 90, 33 U.S.C. § 

2701 (23) to navigable waters;

3. A Responsible Party was not determined. 33 U.S.C. § 2701(32);

4. The claim was submitted within the six year statute of limitations. 33 U.S.C. 

§2712(h)(1);

5. 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.

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

the claim and determined which of the removal costs presented were for actions in 

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

allowable under OPA and 33 CFR § 136.205.

B. Analysis:

The NPFC Claims Manager reviewed the actual cost invoices and dailies to confirm, 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, and mitigate the effects of the incident); (2) whether the actions 

taken were determined by the FOSC, to be consistent with the NCP or directed by the FOSC, and 

(3) whether the costs were adequately documented and reasonable. 

Upon adjudication, the NPFC confirmed that the state charged its standard published rates for its 

personnel and vehicles at the time services were provided. The NPFC also confirmed TGLO’s 

joint response and oversight as referenced in the SITREP created by MSU Port Arthur. Based on 

the foregoing, the NPFC hereby determines, the NPFC will offer and the OSLTF is available to 

pay $759.18 as full compensation for the reimbursable removal costs incurred by the Claimant 

and submitted to the NPFC under Claim # N18037-0001. All of the costs deemed compensable 

by the Fund have been paid for by the Claimant for removal actions as that term is defined in 

OPA and are compensable removal costs payable by the OSLTF as presented by the Claimant.

All costs determined payable included in this determination have been reviewed and determined 

to be compensable as presented and in accordance with 33 U.S.C.§§2712(a)(4) and 2713 and the 

OSLTF claims adjudication regulations at 33 CFR Part 136.205, to pay claims for 

uncompensated removal costs that are determined to be consistent with the National Contingency 

Plan. Removal costs are defined as “the costs of removal that are incurred after a discharge of 

oil has occurred or, in a case in which there is a substantial threat of discharge of oil, the costs to 

prevent, minimize, or mitigate oil pollution from an incident.

C. Determined Amount:

The NPFC hereby determines, the OSLTF will pay $759.18 as full compensation for the 

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

N18037-0001.

 

13 See, SITREP ONE AND FINAL dated April 23, 2018.