5

and all relevant documentation associated with Mr. case. To date, this response 

remains unanswered. On July 15, 2021, the RP Notifcation Letter sent to Mr. via 

certified mail was returned to the NPFC.

 

II. CLAIMANT and RP: 

 Absent limited circumstances, the Federal Regulations implementing the Oil Pollution Act of 

1990 (OPA)12 require all claims for removal costs or damages must be presented to the RP 

before seeking compensation from the NPFC.13 When an RP denies a claim or has not settled a 

claim after 90 days of receipt, a claimant may elect to present its claim to the NPFC.14 

III. CLAIMANT AND NPFC:

 Northampton presented its uncompensated costs claim to the National Pollution Funds Center 

(NPFC) for $825.00.15 The costs claimed here are for Northampton personnel that responded 

on-scene the day of the spill; May 28, 2019. The costs are for personnel time for two people and 

two response truck vehicles, one of which contained response supplies.16 

IV. DETERMINATION PROCESS:

 The NPFC utilizes an informal process when adjudicating claims against the Oil Spill 

Liability Trust Fund (OSLTF).17 As a result, 5 U.S.C. § 555(e) requires the NPFC to provide a 

brief statement explaining its decision. This determination is issued to satisfy that requirement. 

 When adjudicating claims against the OSLTF, the NPFC acts as the finder of fact. In this 

role, the NPFC considers all relevant evidence, including evidence provided by claimants and 

evidence obtained independently by the NPFC, and weighs its probative value when determining 

the facts of the claim.18 The NPFC may rely upon, is not bound by the findings of fact, opinions, 

or conclusions reached by other entities.19 If there is conflicting evidence in the record, the 

NPFC makes a determination as to what evidence is more credible or deserves greater weight, 

and makes its determination based on the preponderance of the credible evidence.

V. DISCUSSION: 

 An RP is liable for all removal costs and damages resulting from either an oil discharge or a 

substantial threat of oil discharge into a navigable water of the United States.20 An RP’s liability 

 

12 33 U.S.C. § 2701 et seq. 13 33 CFR 136.103. 14 Id. 15 33 CFR 136.103(c). 16 See Northampton claim submission received June 15, 2021. 17 33 CFR Part 136. 18 See, e.g., Boquet Oyster House, Inc. v. United States, 74 ERC 2004, 2001 WL 5187292, (E.D. La. 2011), “[T]he 

Fifth Circuit specifically recognized that an agency has discretion to credit one expert’s report over another when 

experts express conflicting views.” Citing Medina County v. Surface Transp. Bd., 602 F.3d 687 699 (5th Cir. 2010). 19 See, e.g., Use of Reports of Marine Casualty in Claims Process by National Pollution Funds Center, 71 Fed. Reg. 

60553 (October 13, 2006) and Use of Reports of Marine Casualty in Claims Process by National Pollution Funds 

Center 72 Fed. Reg. 17574 (concluding that NPFC may consider marine casualty reports but is not bound by them). 20 33 U.S.C. § 2702(a).

(b) (6) (b) (6)
6

is strict, joint, and several.21 When enacting OPA, Congress “explicitly recognized that the 

existing federal and states laws provided inadequate cleanup and damage remedies, required 

large taxpayer subsidies for costly cleanup activities and presented substantial burdens to 

victim’s recoveries such as legal defenses, corporate forms, and burdens of proof unfairly 

favoring those responsible for the spills.”22 OPA was intended to cure these deficiencies in the 

law. 

 OPA provides a mechanism for compensating parties who have incurred removal costs where 

the responsible party has failed to do so. 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.”23 The term “remove” or “removal” means “containment and removal of oil [...] from 

water and shorelines or the taking of other actions as may be necessary to minimize or mitigate 

damage to the public health or welfare, including, but not limited to fish, shellfish, wildlife, and 

public and private property, shorelines, and beaches.”24 

 The NPFC is authorized to pay claims for uncompensated removal costs that are consistent 

with the National Contingency Plan (NCP).25 The NPFC has promulgated a comprehensive set 

of regulations governing the presentment, filing, processing, settling, and adjudicating such 

claims.26 The claimant bears the burden of providing all evidence, information, and 

documentation deemed relevant and necessary by the Director of the NPFC, to support and 

properly process the claim.27

 Before reimbursement can be authorized for uncompensated removal costs, the claimant must

demonstrate by a preponderance of the evidence: 

(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 directed by the FOSC or determined by the FOSC to be 

consistent with the National Contingency Plan. 

(d) That the removal costs were uncompensated and reasonable.28

 

 The NPFC analyzed each of these factors and determined the costs incurred by Northampton 

and submitted herein are compensable removal costs based on the supporting documentation 

provided. The NPFC determined all approved costs were invoiced at the appropriate rate sheet 

pricing or below the listed rate sheet price and were billed in accordance with the fee schedule 

provided.29 All approved costs were supported by adequate documentation which included the 

 

21 See, H.R. Rep. No 101-653, at 102 (1990), reprinted in 1990 U.S.C.C.A.N. 779, 780. 22 Apex Oil Co., Inc. v United States, 208 F. Supp. 2d 642, 651-52 (E.D. La. 2002) (citing S. Rep. No. 101-94 

(1989), reprinted in 1990 U.S.C.C.A.N. 722). 23 33 U.S.C. § 2701(31). 24 33 U.S.C. § 2701(30). 25 See generally, 33 U.S.C. § 2712 (a)(4); 33 U.S.C. § 2713; and 33 CFR Part 136. 26 33 CFR Part 136. 27 33 CFR 136.105. 28 33 CFR 136.203; 33 CFR 136.205. 29 Northampton County Joint Response Recovery Fee Schedule.