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CLAIM SUMMARY / DETERMINATION FORM 

Date : 4/29/2008 

Claim Number : 908038-001

Claimant : Water Quality Insurance Syndicate 

Type of Claimant : Corporate (US) 

Type of Claim : Removal Costs 

Claim Manager : 

Amount Requested : $18,246.10

FACTS: 

 1. Oil Spill Incident: On December 7, 2007, the USCG advised WQIS’ assured, the 

owners of the F/V E.S.S. Endeavor, that they were the responsible party to an oil spill 

that impacted Farley State Marina in Atlantic City, NJ. The oil affected Clam Creek, a 

navigable waterway of the US. Following the USCG notice, the owners of the vessel 

were requested to appoint a cleanup contractor to comply with the requirements issued by 

the USCG Pollution Investigators. The incident was reported to the National Response 

Center (NRC) via report # 856591. 

 2. Description of removal activities: On December 7, 2007, WQIS hired Northstar 

Marine Inc. to handle the cleanup of the oil. The contractor deployed boom and pads to 

facilitate cleanup at Dock J of Trump Marina. The contractor performed disposal. 

 3. The Claim: The National Pollution Funds Center (NPFC) received a removal cost 

claim in the amount of $18,246.10 on April 14, 2008. The claim included a NPFC Claim 

Form, invoicing, disposal manifests, daily logs, NRC report, FOSC email was also 

provided by Sector Philadelphia, and the vendor rate schedule in effect at the time of the 

incident. 

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 
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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]. 

DETERMINATION OF LOSS: 

A. Overview: 

1. FOSC coordination was made with USCG Sector Philadelphia.

2. The incident involved the discharge of “oil” as defined in OPA 90, 33 U.S.C. § 

2701(23), to navigable waters.
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3. 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.

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 indeed 

reasonable and allowable under OPA and 33 CFR § 136.205.

6. The Claimant’s removal costs included rates in accordance with the published 

vendor rate schedule. 

B. Determined Amount: 

The NPFC determines that the OSLTF will pay $18,246.10 as full compensation for the 

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

claim# 908038-001.

AMOUNT: $18,246.10

Claim Supervisor: 

Date of Supervisor’s review: 

Supervisor Action: 

Supervisor’s Comments: