Claim Number: 

Claimant: 

Type of Claimant: 

Type of Claim: 

Claim Manager: 

Amount Requested: 

FACTS: 

CLAIM SUMMARY / DETERMINATION 

9 13068-000 I 

State of Californ ia 

State 

Removal Costs 

$1,032.24 

Oil Spill Incident: On August 29, 2010, the vessel KING AND I, Offi cial Number 

CF8946SG, was reported to have sunk at the River Point Marina (Buckley Cove) in 

Stockton, California. Responders found the vessel submerged and small drops of diesel 

fuel rising from the rear of the vessel. The vessel owner estimated that 100 gallons of 

fuel was on board the vessel. The vessel was floated on August 30, 201 2 removing the 

pollution hazard. 

Buckley Cove is a tributary to the San Joaquin River, a navigable waten;vay of the United 

States. 

Responsible Party: Mr. the Responsible Party (RP), owned the vessel, 

KING AND I, at the time of the incident and is determined to be the responsible party 

under the Oil Pollution Act The National Pollution Funds Center (NPFC) sent a RP 

Notification letter to the RP on June 7, 2013. 

Description of Removal Activities for tit is Claimant: The Responsible Party (RP) 

contracted Parking Diving to raise the vessel. Boom was placed around the vessel by 

local officials. State of California Department of Fish and Game, Office of Spill 

Prevention and Response (DFG OSPR) acted as the State on Scene Coordinator (SOSC), 

and they remained on scene during the raising of the vessel. DFG OSPR depaited the 

scene once the vessel was floated and pollution hazai·d was mitigated. 

Tlte Claim: On June 4, 20 13, DFG OSPR presented a removal cost claim to the National 

Pollution Funds Center (NDFC) for reimbursement of their uncompensated removal costs 

in the amount of $ 1,071 .68. 1 

DFG OSPR is claiming personnel costs of $843.00, vehicle usage costs of $ 189.24, and 

administrative costs of $39.44.2 

APPLICABLE LAW: 

Under OPA 90, at 33 USC § 2702(a), responsible patties 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 

1 NFPC Standard Claim Form dated May 24, 20 I 3. 2 Standard Form I 08 I, Voucher and Schedule of Withdrawal and Credits, Document Number 6600 51990. 

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will include "removal costs incuned by any person for acts taken by the person which are 

consistent with the National Contingency Plan". 33 USC§ 2702(b)(l)(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 (OSL TF), which is administered by the NPFC, is 

available, pursuant to 33 USC §§ 2712(a)(4) and 27 13 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 occuned 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 §27 13(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 subj ect of the claim. See also, 33 USC 

§27 13(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 Jess 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 danrnges and removal costs 

may be presented to the Fund." 

Under 33 CFR 136.lOS(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 ce11ain 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 an1ount 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 

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FOSC. Except in exceptional circumstances, removal activities for which costs are being 

claimed must have been coordinated with the FOSC." [Emphasis added]. 

DETERMINA TION OF LOSS: 

A. Overview: 

1. The NPFC has determined that the actions unde11aken by the claimant are deemed 

consistent with the NCP. This determination is made in accordance with the 

Delegation of Authority for Determination of Consistency with the NCP for the 

payment of uncompensated removal cost claims and is consistent with the provisions 

of sections 1002(b)(l )(B) and 1012(a)(4) ofOPA, 33 U.S.C. §§ 2702(b)(l)(B) and 

2712(a)(4). 

2. The incident involved the discharge of "oil" as defined 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)(l), the claim was submitted within the six 

year statute of limitations 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 incuned 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 incuned as a result of these actions; (3) whether the actions 

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

FOSC, and (4) whether the costs were adequately documented and reasonable. 

The Claimant is requesting $39.44 for indirect administrative costs incwTed by the 

Claimant for this incident. The NPFC will not reimburse for administrative costs 

with regards to the Federal Indirect Cost Rate as the costs are unsubstantiated. 

Therefore, the administrative costs of $39.44 are denied. 

All other costs were validated and the NPFC has detennined the costs were 

reasonable, necessary and perfo1med in accordance with the National Contingency 

Plan (NCP). 

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

incur $1,032.24 of uncompensated removal costs and that amount is payable by the 

OSL TF as full compensation for the reimbursable removal costs incmTed by the 

Claimant and submitted to the NPFC under claim #913068-0001. The Claimant states 

that all costs claimed are for uncompensated removal costs incuned by the Claimant 

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for this incident on August 29, 2010. The Claimant represents that all costs paid by 

the Claimant are compensable removal costs, payable by the OSLTF as presented by 

the Claimant. 

C. Determined Amount: 

The NPFC hereby determines that the OSL TF will pay $1,032.24 as full 

compensation for the reimbursable removal costs incurred by the Claimant and 

submitted to the NPFC under claim #913068-0001. 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 OSL TF as presented by the Claimants. 

AMOUNT: $1,032.24 

Claim Supervisor

Date of Supervisor's review: 6119113 

Supervisor Action: Approved 

Supervisor's Comments: 

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