CLAIM SUMMARY / DETERMINATION FORM 

Date : 2/23/2010 

Claim Number : N09008-001

Claimant : State of Texas 

Type of Claimant : State 

Type of Claim : Removal Costs 

Claim Manager : 

Amount Requested : $3,108.63

FACTS: 

Oil Spill Incident: On December 31, 2008, the Texas General Land Office (TGLO) 

received a call concerning an oil spill from the vessel Security in Aransas Bay, located in 

Aransas County, Texas, a navigable waterway of the US. SOSC responded and 

found seven gallons of oil in Texas coastal waters and coordinated with the FOSC (PO 

) who federalized the response utilizing FPN N09008. The owner of the vessel is 

 and the TGLO attempted to collect administrative penalties, but no 

payments were ever received. 

Description of Removal Activities for this claimant: TGLO conducted initial response 

and then contracted the cleanup through Miller Environmental. TGLO response officer 

assisted and monitored the cleanup efforts with the contractor. Incident Billing Summary 

includes personnel, equipment costs (vehicle and boat use), and Indirect Expenses 

(44.25% of total personnel costs) associated with state labor rates.

The Claim: On February 11, 2010, TGLO submitted a removal cost claim to the 

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

removal costs in the amount of $3,108.63. 

TGLO is claiming personnel expenses of $243.36, State equipment expenses of 

$2,757.59, and Indirect Expenses of 107.69. 

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 

4. The claim was submitted on time. 

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 by the 

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

were adequately documented and reasonable. 

On that basis, the Claims Manager hereby determines that the claimant did in fact incur 

$3,108.63 of uncompensated removal costs and that that amount is properly payable by the 

OSLTF as full compensation for the reimbursable removal costs incurred by the claimant and 

submitted to the NPFC under claim #N09008-001. The claimant states that all costs claimed 

are for uncompensated removal costs incurred by the claimant for this incident on December 

31, 2008. 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 OSLTF will pay $3,108.63 as full compensation for 

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

claim #N09008-001. 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: $3,108.63

Claim Supervisor: 

Date of Supervisor’s review: 2/23/10

Supervisor Action: Approved 

Supervisor’s Comments: