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CLAIM SUMMARY / DETERMINATION1 

Claim Number: UCGP923018-URC001 

Claimant: City of Troy 

Type of Claimant: Municipality 

Type of Claim: Removal Costs 

Claim Manager: 

Amount Requested: $28,160.15 

Action Taken: Denial

EXECUTIVE SUMMARY: 

On July 12, 2021, at approximately 1:15 pm local time, the National Response Center (NRC) 

was notified by Oakland County Hazardous Response Team (OCHRT) that a tanker truck

traveling northbound on I-75 through the City of Troy, Michigan struck the median wall 

rupturing the side of the tanker resulting in the release of gasoline and diesel onto the ground and 

into a drainage ditch that leads to a nearby storm drain. 2 The storm drain flows through four 

other cities and townships and ends at Lake St. Clair and the Detroit River3

, navigable 

waterways of the United States. At the time of the accident, the tanker truck was carrying 14,600 

gallons of fuel, which consisted of 10,000 gallons of gasoline and 4,600 gallons of diesel.4 

The Troy Fire Department and OCHRT responded to the fire that ensued as a result of the 

truck’s fuel tank rupturing and discharging unburned diesel and gasoline fuel onto the freeway.5

The fire was suppressed using Class B Fire Fighting Foam applied by members of OCHRT.

6 The 

Troy Fire Department and OCHMRT physically contained the product to prevent it from 

escaping the drainage ditch and entering the storm drain that leads to Lake St. Clair.7

1 This determination is written for the sole purpose of adjudicating a claim against the Oil Spill Liability Trust Fund 

(OSLTF). This determination adjudicates whether the claimant is entitled to OSLTF reimbursement of claimed 

removal costs or damages under the Oil Pollution Act of 1990. This determination does not adjudicate any rights or 

defenses any Responsible Party or Guarantor may have or may otherwise be able to raise in any future litigation or 

administrative actions, to include a lawsuit or other action initiated by the United States to recover the costs 

associated this incident. After a claim has been paid, the OSLTF becomes subrogated to all of the claimant’s rights 

under 33 U.S.C. § 2715. When seeking to recover from a Responsible Party or a Guarantor any amounts paid to 

reimburse a claim, the OSLTF relies on the claimant’s rights to establish liability. If a Responsible Party or 

Guarantor has any right to a defense to liability, those rights can be asserted against the OSLTF. Thus, this 

determination does not affect any rights held by a Responsible Party or a Guarantor.

2 National Response Center (NRC) Incident Report # 1310467 dated July 12, 2021.

3

 City of Troy original claim submission dated May 9, 2023, and received by the NPFC on May 19, 2023, Exhibit 1 

page 1 of 1.

4

 City of Troy original claim submission dated May 9, 2023, and received by the NPFC on May 19, 2023, Exhibit 6 

page 8 of 8.

5 City of Troy original claim submission dated May 9, 2023, and received by the NPFC on May 19, 2023, Exhibit 1 

page 1 of 1.

6 City of Troy original claim submission dated May 9, 2023, and received by the NPFC on May 19, 2023, Exhibit 2 

page 1 of 1 and Exhibit 6 page 1-2 of 8 7 City of Troy original claim submission dated May 9, 2023, and received by the NPFC on May 19, 2023, Exhibit 1 

page 1 of 1. 

(b) (6)
4

US Environmental Protection Agency Region 5 (“USEPA” or “FOSC”) is the Federal OnScene Coordinator (FOSC) based on the location of this incident. USEPA Region 5 received the 

NRC Report but did not respond to this incident and no federal assistance was requested.8 The 

FOSC states they provided the flow patterns to Michigan Environment, Great Lakes and Energy 

(“Michigan EGLE”), who is the State On Scene Coordinator (SOSC) for the incident. At the 

NPFC’s request, the FOSC did determine that the actions performed were consistent with the 

National Contingency Plan (NCP).910 

The City of Troy presented the invoice to Brazco Oil Company via a cover letter dated 

November 9, 202211 with the attached invoice12. To date the City of Troy has not received 

payment. The City of Troy presented its claim for $10,387.20 in uncompensated removal costs 

and $17,772.95 for Public Services to the National Pollution Funds Center (NPFC) for a total of 

$28,160.15 on May 19, 2023.13 All claimed costs were recategorized as removal costs on 

October 13, 2023.14 

The NPFC has thoroughly reviewed all documentation submitted with the claim, analyzed 

the applicable law and regulations, and after careful consideration has determined that the claim 

is not compensable under the Oil Pollution Act and must be denied. 

I. INCIDENT, RESPONSIBLE PARTY AND RECOVERY OPERATIONS:

Incident

On July 12, 2021, at approximately 1:15 pm local time, the National Response Center (NRC) 

was notified by Oakland County Hazardous Response Team (OCHRT) that a tanker truck

traveling northbound on I-75 through the City of Troy, Michigan struck the median wall 

rupturing the side of the tanker resulting in the release of gasoline and diesel onto the ground and 

into a drainage ditch that leads to a nearby storm drain. 15 The storm drain flows through four 

other cities and townships and ends at Lake St. Clair and the Detroit River16, navigable 

waterways of the United States. At the time of the accident, the tanker truck was carrying 14,600 

gallons of fuel, which consisted of 10,000 gallons of gasoline and 4,600 gallons of diesel.17 

8 Email from USEPA to NPFC Re FOSC Coordination AI Response dated June 8, 2023. 9 Email from USEPA OSC to NPFC Re Coordination Statement Response dated December 1, 2023 acknowledging 

the actions taken by the City of Troy were necessary to prevent, minimize, or mitigate the effects of the incident and 

were consistent with the National Contingency Plan.

10 Email from USEPA to NPFC Re Response to FOSC Coordination with SOSC dated October 3, 2023. 11 City of Troy original claim submission dated May 9, 2023, and received by the NPFC on May 19, 2023, Exhibit 

12 page 1 of 1. 12 City of Troy original claim submission dated May 9, 2023, and received by the NPFC on May 19, 2023, Exhibit 

10 pages 1-8. 13 City of Troy original claim submission dated May 9, 2023, and received by the NPFC on May 19, 2023. 14 Email from Claimant to NPFC Re Follow up Removal Costs and Safety Data Sheet dated October 12, 2023. 15 National Response Center (NRC) Incident Report # 1310467 dated July 12, 2021. 16 City of Troy original claim submission dated May 9, 2023, and received by the NPFC on May 19, 2023, Exhibit 

1 page 1 of 1.

17 City of Troy original claim submission dated May 9, 2023, and received by the NPFC on May 19, 2023, Exhibit 

6 page 8 of 8.
5

 USEPA Region 5 received notification of NRC Report number 1310467 but did not respond 

to the incident and no federal assistance was requested.

18

Responsible Party

In accordance with the Oil Pollution Act of 1990 (OPA), the owner/operator of the source 

which caused the oil spill is the Responsible Party (RP) for the incident.19 Bazco Oil Company, 

is the owner of the truck and was identified as the responsible party (RP).20 The NPFC issued an 

RP Notification Letter to Bazco Oil Company dated May 24, 2023.21 An RP Notification letter 

notifies the owner/operator that a claim was presented to the NPFC seeking reimbursement of 

uncompensated removal costs incurred as a result of a discharge of oil to navigable waters of the 

United States.

Recovery Operations

Upon arrival to the scene, Troy Fire Department requested that OCHRT provide firefighting 

foam to extinguish the fire. After the fire was extinguished, approximately 3.400 gallons of 

residual product remaining in the tanker truck was pumped out by a vac truck and disposed off‐

site.22 

Additionally, OCHRT constructed soil dams within the ditches to mitigate further migration 

of the released product. These dams were created by dumping soil before the channel from the 

east side ditch running beneath the freeway, and near a ditch that flowed into an underground 

drain.23 Booms were also placed on the upstream and downstream portion of the dams placed in 

the ditch, as well as the inlets and outlets of the affected channels.24 The Troy Fire Department 

completed their removal actions on July 14, 2021.25

II. CLAIMANT AND RP: 

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

1990 (OPA)26 require all claims for removal costs or damages must be presented to the RP 

before seeking compensation from the NPFC.27

18 Email from USEPA to NPFC Re FOSC Coordination AI Response dated June 8, 2023. 19 33 U.S.C. § 2701(32). 20 City of Troy original claim submission dated May 9, 2023, and received by the NPFC on May 19, 2023, Exhibit 

12 page 1 of 1. 21 See, NPFC RP Notification Letter dated May 24, 2023. 22 Environmental Resources Group Spill Incident Summary Report provided to the NPFC by SOSC on July 24, 2023 

dated October 14, 2021, page 1 of 161, Section 1.1. 23 Environmental Resources Group Spill Incident Summary Report provided to the NPFC by SOSC on July 24, 2023 

dated October 14, 2021, page 1 of 161, Section 1.2. 24 Environmental Resources Group Spill Incident Summary Report provided to the NPFC by SOSC on July 24, 2023 

dated October 14, 2021, page 2 of 161, Section 2.1.2. 25 City of Troy original claim submission dated May 9, 2023, and received by the NPFC on May 19, 2023, Exhibit 

10, Post Incident Logistic Detail shows final response date, page 4 of 8. 26 33 U.S.C. § 2701 et seq. 27 33 CFR 136.103.
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The claimant initially presented its claim in the form of an invoice to Bazco Oil Company’s 

insurance company Federated Service Insurance Company and the claim was denied on 

November 4, 2021.28 The claimant then presented their costs to Bazco Oil Company on 

November 9, 2022.29 

III. CLAIMANT AND NPFC:

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.30 On May 19, 2023, the National Pollution Funds Center 

(NPFC) received the City of Troy’s claim for uncompensated removal costs in the amount of 

$28,160.15.31

In its claim submission to the NPFC, City of Troy provided an executed OSLTF Claim Form;

Exhibits answering OSLTF questions; Troy Fire Department Report, Troy Police Department 

Traffic Crash Report; Oakland County Hazardous Materials Response Team Report; NRC 

Incident Report; Detroit Free Press Article; Image of Drainage Path; Invoice and Breakdown of 

Costs; Emails sent to RP on multiple dates, and photos and videos of the incident.32

 

IV. DETERMINATION PROCESS:

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

Liability Trust Fund (OSLTF).33 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.34 The NPFC may rely upon, is not bound by the findings of fact, opinions, 

or conclusions reached by other entities.35 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: 

28 See, Additional information email response dated July 19, 2023 and associated Exhibit 1, pages 1-5. 29 City of Troy original claim submission dated May 9, 2023, and received by the NPFC on May 19, 2023, Exhibit 

12, page 1 of 1.

30 33 CFR 136.103. 31 See, City of Troy claim submission dated May 9, 2023, and received by the NPFC on May 19, 2023. 32 City of Troy original claim submission dated May 9, 2023 and received by the NPFC on May 19, 2023. 33 33 CFR Part 136. 34 See, e.g., Boquet Oyster House, Inc. v. United States, 74 ERC 2004, 2011 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)). 35 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).
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 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.36 An RP’s liability 

is strict, joint, and several.37 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.”38 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.”39 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.”40 

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

with the National Contingency Plan (NCP).41 The NPFC has promulgated a comprehensive set 

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

claims.42 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.43

 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.44

(d) That the removal costs were uncompensated and reasonable.45

36 33 U.S.C. § 2702(a). 37 See, H.R. Rep. No 101-653, at 102 (1990), reprinted in 1990 U.S.C.C.A.N. 779, 780. 38 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). 39 33 U.S.C. § 2701(31). 40 33 U.S.C. § 2701(30). 41 See generally, 33 U.S.C. § 2712(a) (4); 33 U.S.C. § 2713; and 33 CFR Part 136. 42 33 CFR Part 136. 43 33 CFR 136.105. 44 Email from USEPA OSC to NPFC Re Coordination Statement Response dated December 1, 2023 acknowledging 

the actions taken by the City of Troy were necessary to prevent, minimize, or mitigate the effects of the incident and 

were consistent with the National Contingency Plan.

45 33 CFR 136.203; 33 CFR 136.205.
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The NPFC analyzed each of these factors and determined the costs submitted herein by 

Claimant are not compensable removal costs based on the the lack of proof of payment 

demonstrating that the claimant has uncompensated removal costs. The NPFC determined that 

removal costs claimed in the amount of $28,160.15 are denied based on the following: 

1. Per 33 C.F.R. §136.205 Compensation allowable – The amount of compensation 

allowable is the total uncompensated 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.

In the claim at hand, the FOSC has determined that the actions taken in response to 

the incident were consistent with the National Contingency Plan46however the 

claimant was unable to provide documentary evidence that it compensated Oakland 

County Mutual Aid Association in the amount of $28,160.15. As such, the claimant 

has failed to demonstrate (1) it has uncompensated removal costs and (2) that it 

possesses Oakland County’s subrogable rights to request reimbursement for those 

costs; and

2. The NPFC denies $1,800.00 for the use of 40-gallons of BIO-SOLVE dispersant.

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The use of dispersants must be pre-approved in accordance with Subpart J of the 

National Contingency Plan (NCP).48 Because the claimant has failed to provide 

evidence that the United States Environmental Protection Agency (USEPA) approved 

the use of this dispersant, this cost is not eligible for reimbursement by the Oil Spill 

Liability Trust Fund (OSLTF). 

Should the claimant seek reconsideration, the NPFC will not reimburse $1,800.00 of the 

amount requested because the BioSolve Pinkwater was not pre-authorized by the FOSC prior to 

use in the response as required by Subpart J of the NCP 49. 

46 Email from USEPA OSC to NPFC Re Coordination Statement Response dated December 1, 2023 acknowledging 

the actions taken by the City of Troy were necessary to prevent, minimize, or mitigate the effects of the incident and 

were consistent with the National Contingency Plan.

47 See, Safety Data Sheet Biosolve Pinkwater Hydrocarbon Mitigation Agent. 48 See generally, 40 CFR 300.900(c) and 40 CFR 300.910. 49 40 CFR § 300.910.