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CLAIM SUMMARY / DETERMINATION FORM

Claim Number : N18021-0001 

Claimant : State of Texas General Land Office

Type of Claimant : State

Type of Claim : Removal Costs

Claim Manager : 

Amount Requested : $419.55 

FACTS: 

1. Oil Spill Incident: The United States Coast Guard Marine Safety Unit (MSU) Port 

Arthur reports 1

 that on December 26, 2017, a spill of oil was discovered in the Sabine 

Neches Ship Channel, Jefferson County, Texas, a navigable waterway of the U.S. The 

State of Texas General Land Office (TGLO) State On Scene Coordinator (SOSC) Mr. 

 responded and found approximately one gallon of oil in Texas coastal 

waters. The SOSC coordinated with the Federal On Scene Coordinator (FOSC),USCG 

MSU Port Arthur, who then opened Federal Project Number (FPN) N18021 and hired 

Garner Environmental for cleanup of the incident.

At this time, no Responsible Party (RP) has been identified and a source has not been 

confirmed. 

This incident was reported to the National Response Center under Report # 1200526. 2

2. Description of removal actions performed: The Claimant, TGLO, was part of the initial 

response to the spill site, and maintained a presence throughout. As the SOSC, it 

responded and found approximately one (1) gallon of oil in the water. After consulting 

with the FOSC, Garner Environmental was contracted for cleanup and response. Samples 

were taken from nearby docks, vessels and other possible sources, but no match was 

found. 

3. The Claim: On February 7, 2018, TGLO submitted a removal cost claim to the National 

Pollution Funds Center (NPFC), for reimbursement of its uncompensated removal costs 

in the amount of $419.55 for state equipment and personnel provided on December 26 

and 27, 2017. 

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”. 

 

1 See, SITREP/POLREP I for FPN N18021, dated 12/28/2017.

2 See, NRC Report # 1200526, opened 12/26/2017.
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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;

(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]. 
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DETERMINATION OF LOSS: 

A. Overview:

1. MSU Port Arthur, as the FOSC for this incident, determined that the actions undertaken 

by the Claimant are deemed consistent with the NCP.3

 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 could not be 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 what 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:

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. 

The Claims Manager validated that the costs were incurred and confirmed that they were 

billed in accordance with state rates at the time services were rendered. The FOSC has 

determined that the actions undertaken by TGLO as the State On Scene Coordinator (SOSC) 

were reasonable, necessary and performed in accordance with the National Contingency Plan 

(NCP). The Claimant states that all costs claimed are for uncompensated removal costs 

incurred by the Claimant for this incident on December 26 and 27, 2017. The Claimant 

represents that the costs it paid are compensable removal costs, payable by the OSLTF as 

presented by the Claimant. 

After a review and consideration of the file and the corresponding FPN documents, the 

response by the State was determined to be reasonable and necessary to mitigate the effects 

of the incident. On that basis, the Claims Manager hereby determines that the Claimant 

incurred $419.55 of uncompensated removal costs for state equipment and personnel, and 

that that amount is payable by the OSLTF as full compensation for the reimbursable removal 

costs incurred by the claimant and submitted to the NPFC under claim # N18021-0001

 3 See, SITREP/POLREP I for FPN N18021, dated 12/28/2017.