-claim Number: 

Claimant: 

Type of Claimant: 

Type of Claim: 

Claim Manager: 

Amount Requested: 

FACTS: 

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CLAIM SUMMARY I DETERMINATION 

913013-0001 

State of Connecticut 

State 

Removal Costs 

$6,874.85 

Oil Spill Incident: On February 26, 2008, Connecticut Emergency Response Coordinator (ERC) 

responded to a report of oil in the Trout Brook, near Asylum Street. The Trout Brook is a 

tributary to the South Branch Park River and flows underground through Army Corp of 

Enginering conduit into the Connecticut River, a navigable waterway of the US. No source of the 

oil was determined. 

Description of Removal Activities for this_ Claimant: Upon arrival on scene by ERC they found 

that West Hartford Fire Department was taking steps to try to prevent the oil from migrating 

further down stream. The ERC retained the the services of Environmental Services Inc (ESI) to 

clean up the spilled material. Utilizing a vacuum truck, absorbent booms and pads, the majority 

of the material was removed. Absorbent booms were left in place_ (changed out twice) until 

March 6, 2008. 

The Claim: On November 15, 2012, State of Connecticut Department of Energy & Environment 

Protection (CTDEP), presented a removal cost claim to the National Pollution Funds Center 

(NDFC) for reimbursement of their uncompensated removal costs in the amount 0~$6,874.85. 1 

State of Connecticut is claiming labor costs of $2,975.20, equipment costs of $2,076.14, material 

costs of $948.00 and subcontractor costs of $875.5L 

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". 

The Oil Spill Liability Trust Fund (OSLTF), which is administered by the NPFC, is available, 

pursuantto 33 USC§§ 2712(a)(4) and 2713 and the OSLTF claims adjudication regulations at 33 

CFR Part 13 6, 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]. 

1 NFPC Standard Claim Form dated November 1, 2012. 

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33 U.S.C. §2713(d) provides that "If a cla!m is presented in accordance with this section, 

including a claim for interim, short-term d~mages 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 

13 6, 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 11.ecessary 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 c:laimed must have been coordinated 

with the FOSC." [Emphasis added]. · 

DETERMINATION OF LOSS: 

A. Overview: 

1. FOSC coordination was provided by U.S. EPA, Mr. .2 

2. The i:ricidentinvolved the discharge of"oil" as defmed in OPA 90, 33 U.S.C. §2701 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 costs. 

4. In accordance with33 U.S.C. § 2712(h)(2), the claim was submitted within the six year 

statute oflimitations for removal costs. 

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

and determined what costs presented were for actions in accordance with the NCP and that 

the costs for these actions were 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., 

2 CT Department of Environmental Protection Emergency Incident Field Report March 6, 2012. 

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actions to prevent, minimize, mitigati.the effects of the incident); (2) whether the costs were 

incurred as a result of these actions;(~) whether the actions taken were determined by the 

FOSC, to be consistent-with the NCP {)r directed by-the FOSC, and (4) whether the costs 

were adequately documented and reaionable. · · · 

The Claimant is requesting $490,00 for the day rate cost for the use of Tractor with Liquid 

Transporter on February 27, 2008. Tlie State Contract with ESI calculates the day rate when 

a piece of equipment js used in excess of eight hours and it states "the day rate shall be seven 

(7) times the hourly rate." The contract lists the hourly rate for the Tractor with Liquid 

Transporter as $58.00. Seven times $58.00 equals $406.00. Therefore, the OPA 

compensable cost is $406.00 and the remaining amount of $84.00 is denied as not billed in 

accordance with the contracted rates. 

The Claimant is requesting $306.25 for the day rate overage costs for the five extra hours the . 

Tractor with Liquid Transporter was used on February 27, 2008. The' State Contract with ESI 

calculates the day rate overage cost as "for each hour of actual use in excess of eight (8) 

hours during a day, the contractor shall receive Ya the daily rate." Since NPFC has 

recalculated the daily rate to be $406.00 and Ya of $406.00 equals $50.75 therefore the day 

rate overage cost is $253.75. OPA.compensable cost ise $253.75 and the remaining amount 

of $52.50 is denied as not billed in accordance with the contracted rates. 

All other costs were validated and the NPFC has determined the costs were reasonable, 

necessary and performed in accordance with the National Contingency "Plan (NCP). 

On that basis, the Claims Manager herby determines that the Claimant did in fact.incur 

$6,738.35 of uncompensated removal costs and that amount is payable by the OSLTF as full 

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

the NPFC under claim #913013-0001. The Claimant states that all costs claimed are for 

uncompensated ,removal costs incurred by the Claimant for this incident on February 26, 

2008. The Claimant represents that all costs paid by the Claimant are compensable removal 

costs, payable by the OSL TF as presented by the Claimant. 

C. Determined Amount: 

The NPFC hereby determines that the OSLTF will pay $6,738.35 as full compensation for the 

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

#913013-0001. 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 Claimants. 

AMOUNT: $6,738.35 

Claim Supervisor:

Date of Supervisor's review: 1217112 

Supervisor Action: Approved 

Supervisor's Comments: 

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