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CLAIM SUMMARY / DETERMINATION 

Claim Number: N16035-0001 

Claimant: Texas General Land Office 

Type of Claimant: State

Type of Claim: Removal Costs 

Claim Manager: 

Amount Requested: $365.52 

FACTS: 

Oil Spill Incident:

On June 8, 2016, the State of Texas General Land Office (TGLO) State On-Scene Coordinator 

(SOSC), Mr. responded to the report of an oil sheen in the Sabine River, at the 

Port of Orange, in Orange, Texas. The sheen consisted of two pockets of heavily weathered and 

emulsified diesel fuel totaling less than one gallon.1 

Description of Removal Actions Performed: 

The SOSC notified and coordinated with the United States Coast Guard (USCG), in which, 

members from the Marine Safety Unit (MSU), Port Arthur Incident Management Division 

(IMD) responded. After the initial investigation by MSU Port Arthur IMD, a source of the spill 

was not determined. The National Pollution Funds Center, (NPFC), Oil Spill Liability Trust 

Fund (OSLTF) was opened and AMPOL was hired under the Federal Project to recover, remove 

and dispose of the spilled oil. After the spilled oil had been collected, MSU Port Arthur IMD 

personnel continued to search for a potential source/responsible party with negative results.2

The SOSC assisted and monitored the cleanup efforts of the contractor, American Pollution 

Control (AMPOL)3

. TGLO states in their claim submission that the cleanup was consistent with 

the National Contingency Plan (NCP) which has been confirmed through the Coast Guard. 

The National Response Center (NRC) via NRC report # 11500164

Claim:

On November 29, 2016, TGLO submitted a removal cost claim to the NPFC for reimbursement 

of its uncompensated removal costs in the amount of $365.52 for its response personnel and 

equipment.5

 

1 MISILE Case ID: 1028084

2 See MISLE case ID: 102804 for a list of vessels that were investigated as a result of this incident.

3 See SOSC notes in claim file.

4 Claimant provided the report with its claim submission.

5 4x4 Response truck, Unit #102.
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The Claimant provided a signed TGLO Expedited Small Claim form, a TGLO Spill Prevention 

& Response Program Incident Response Cost Invoice, a TGLO Oil Spill Incident Report for 

Spill Number 2016-1677, and SOSC notes.6

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, 

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;

 6 See claim file the reports.
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(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:

1. FOSC coordination has been established by MSU Port Arthur IMD. 33 U.S.C. §§ 

2702(b)(1)(B) and 2712(a)(4);

2. The incident involved the report of a discharge of “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 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 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.

The NPFC hereby determines that the NPFC will offer and the OSLTF is available to pay 

$365.52 as full compensation for the reimbursable removal costs incurred by the Claimant and 

submitted to the NPFC under Claim # N16035-0001. 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 
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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 that the OSLTF will pay $ 365.52 as full compensation for the 

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

#N16035-0001. 

 

Claim Supervisor:

Date of Supervisor’s review: 12/1/16 

Supervisor Action: Approved