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CLAIM SUMMARY / DETERMINATION FORM 

Date : 2/12/2009 

Claim Number : 909073-001

Claimant : United Kingdom P & I Club and Prime Marine Management 

Type of Claimant : Corporate (US) 

Type of Claim : Removal Costs 

Claim Manager : 

Amount Requested : $41,116.35

FACTS: 

1. Oil Spill Incident: On or about March 7, 2005, the M/V PUMA, managed by Prime Marine 

Management, was in the Port of Jacksonville, Florida engaging in cargo operations and obtained 

bunkers. The Port of Jacksonville is located on the St. Johns River, a navigable water of the 

United States. During the bunkering operations a small amount of bunkers spilled onto the 

vessel’s deck, but none reached the water. The vessel’s representatives notified the Coast Guard 

(CG) of the spill. Since it appeared that no oil had reached the water, the CG did not restrict the 

vessel’s operations and allowed it to depart the port once bunkering operations were complete. 

Later that day a homeowner along the water contacted the CG stating that he saw oil along the 

river bank. The vessel’s local agent was served a CG Notice of Federal Interest identifying the 

vessel as the source of the oil in the river and was also issued an Administrative Order 

instructing the vessel’s interests to clean up the spill. 

While the vessel interests denied responsibility for the spill into the water, they complied with 

the CG Order and initiated cleanup operations by calling out several individuals and companies. 

The removal response was executed quickly and was complete by the end of March 11, 2005. 

The vessel interests hired a laboratory to analyze oil samples from the river and from the PUMA. 

None of the spill samples matched the samples taken from the PUMA. The CG and Florida 

Department of Environmental Protection (DEP) investigations concluded that the PUMA was 

not the source of the oil in the river. Therefore, by letter dated September 25, 2007 the CG 

notified the vessel interests that the PUMA was not the source of the discharge. By letters dated 

December 16 and December 19, 2005, the Florida DEP notified the vessel interests that the spill 

was reclassified as a mystery spill. 

2. Claim: Since the spill is a mystery, no responsible party has been identified to which claims 

must be submitted. The claimants, Prime Marine Management and United Kingdom P & I Club, 

the subrogated insurer of the vessel, thus presented this claim for response and removal costs to 

the NPFC directly. The claim was received by the NPFC on February 11, 2009. 

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).
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"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. The FOSC has determined the incident to be a “mystery spill.” 
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2. The incident involved the discharge of “oil” as defined in OPA 90, 33 USC § 2701(23), 

to navigable water. 

3. In accordance with 33 CFR § 136.105(e)(12), the claimant certified that no suit has been 

filed in court for the claimed uncompensated removal costs. 

4. The original claim and the request for reconsideration were submitted timely. 

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

B. Determined Amount: 

The NPFC hereby determines that the OSTF will pay $41,116.35 as full compensation for the 

reimbursable removal costs incurred by the claimant. All costs claimed are for charges paid by 

the Claimants for removal actions performed as defined by OPA and are compensable removal 

costs payable by the Oil Spill Liability Trust Fund. 

AMOUNT: $41,116.35

Claim Supervisor: 

Date of Supervisor’s review: 

Supervisor Action: 

Supervisor’s Comments: