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CLAIM SUMMARY / DETERMINATION 

Claim Number: 916003-0001 

Claimant: Rhode Island Department of Environmental Management 

Type of Claimant: State 

Type of Claim: Removal Costs 

Claim Manager: 

Amount Requested: $14,927.78 

FACTS: 

Oil Spill Incident: On July 10, 2015, the FV ELIZABETH VICTORIA, owned by Mr. 

 was set on fire by parties unknown at Pier X, State Street, Narragansett, RI. The 

Narragansett Fire Department responded, extinguishing the fire but also contributed to the vessel 

sinking at the pier by placing large amounts of water on the already compromised vessel. With 

the vessel lying on its starboard side, diesel fuel and lube oil began discharging from the vessel 

into Pettaquamscutt Cove, a navigable waterway of the United States. The Rhode Island 

Department of Environmental Management (DEM) and CG Sector Southeast New England 

responded to the spill. As the owner of the sunken vessel was unable to fund a proper response 

to the oil spill, the Rhode Island DEM hired Clean Harbors, Inc. to conduct appropriate pollution 

removal activities.1

Description of Removal Activities for this Claimant: On July 10, 2015, the Rhode Island DEM 

hired Clean Harbors, Inc. to remove approximately 60 gallons of diesel fuel and lube oil from the 

waters of Pettaquamscutt Cove, Narragansett, RI. Clean Harbors deployed 200’ of hard boom 

around the vessel and lined the hard boom with sorbent boom and pads. Clean Harbors 

personnel returned on July 15, 2015, to replace oiled sorbent and to tend their hard boom. 

Cleanup was deemed complete on July 20, 2015, when the hard boom was removed from the 

water and the oiled sorbents were properly disposed of at Spring Grove Resources Recovery, Inc. 

in Cincinnati, OH.2 

Responsible Party: The owner of the FV ELIZABETH VICTORIA is . 

was on-scene during the pollution removal activities but was unable to fund a 

proper response. was issued an RP notification letter by the NPFC notifying him 

of our pending claim with the Rhode Island DEM on November 18, 2015.3

The Claim: On October 13, 2015, the Rhode Island DEM submitted a pollution removal cost 

claim to the National Pollution Fund Center (NPFC) for reimbursement of their uncompensated 

pollution removal costs of State personnel and equipment as well as the costs incurred by Clean 

Harbors, Inc. totaling $14,927.784

 

 

1 See Rhode Island DEM claim dated October 13, 2015.

2 Id.

3 Id.

4 Id.
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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;
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(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. MSTC CG Sector Southeast New England, as the Federal On-Scene Coordinator

(FOSC) for this incident, determined that the actions undertaken by Rhode Island Department 

of Environmental Management. were consistent with the NCP. 33 U.S.C. §§ 2702(b)(1)(B) 

and 2712(a)(4);5

 

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 within the six year statute of limitations. 33 U.S.C. § 2712(h)(1);

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 the costs for these actions were indeed reasonable 

and allowable under OPA and 33 CFR § 136.205. 

B. Analysis:

NPFC CA 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 to be 

consistent with the NCP or directed by the FOSC, and (4) whether the costs were adequately 

documented and reasonable. 

The NPFC has determined that the majority of the costs incurred by the Claimant in this 

determination were reasonable and necessary to mitigate the effects of the incident. Upon 

review of the information provided by the Claimant, the NPFC has determined that the 

payable costs were billed in accordance with the rate schedule in place at the time the 

services were rendered and were determined by the NPFC to be consistent with the NCP. 

The only cost denied by the NPFC were the hourly rates in excess of the day rate charged by 

 

5 See email from MSTC , CG Sector SE New England to , NPFC dated 

November 18, 2015.
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Clean Harbors for the use of their Power Workboat, Fast Response, 18-22ft as they charged 

an hourly rate on July 15, 2015, when a day rate was available and appropriate. In addition, 

Clean Harbors also incorrectly billed their disposal costs by charging $372.00 per flexbin for 

the disposal of oiled sorbents when the correct disposal cost of oiled sorbents should have 

been $367.50 per flexbin.6

The NPFC therefore determines that the OSLTF will pay $14,809.08 as full compensation 

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

under claim # 916003-0001. 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 OSLTF as presented by the Claimant. 

AMOUNT: $14,809.08

 

 

Claim Supervisor: 

Date of Supervisor’s review: November 23, 2015

Supervisor Action: Approved

Supervisor’s Comments: 

 

6 See email from , Clean Harbors, Inc to , NPFC dated November 20, 

2015.