CLAIM SUMMARY / DETERMINATION FORM 

Date : 12/11/2008 

Claim Number : E08430-003

Claimant : Betty Russell 

Type of Claimant : Private (US) 

Type of Claim : Removal Costs 

Claim Manager : 

Amount Requested : $1,650.00

FACTS: 

Oil Spill Incident:

On March 18, 2008, the Parten #5 oil well operated by Walden Resources LLC blew out during 

drilling operations near Oliver Springs, TN. Oil overflowed and ran down a drainage ditch 

through a culvert toward an unnamed tributary of Wright Creek, which flows into Indian Creek. 

It is unclear whether the oil actually discharged to a navigable water of the United States. The 

gas release from the well was ignited and the blowout caught fire. Nearby property was 

damaged or destroyed by the fire and residents were evacuated. The fire was extinguished and 

the well shut-in on March 25, 2008. The U.S. EPA took control of the response effort on March 

26, 2008. 

Claimant:

The claimant is a local resident who lives about 325 feet from the well site. 

Claim:

The claimant seeks reimbursement for $1,650.00 for removal costs. It is not clear what the entire 

claimed cost covers, but it seems to include cleaning the claimant’s houses, carport, driveway 

and other parts of her real property. 

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 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: 

The claimant seeks reimbursement for the costs of cleaning her residential real property. The 

claimant provided photographs of the fire and her property with incident response vehicles on it.

Based on the claimant’s submission, the costs claimed are actually costs related to the fire and 
explosion of the well and not compensable under OPA. The claimant has not shown that 

cleaning her home and property was necessary and reasonable to prevent, minimize or mitigate 

the effects of the discharge of oil to a navigable water of the United States. Additionally, the 

NPFC obtained information from the RP’s insurer, Bituminous Insurance, which states that the 

claimant was paid for explosion and fire damage to her property. For these reasons, the claim is 

not compensable and the claimant cannot be reimbursed for her costs. 

AMOUNT: $0.00 

DETERMINATION: 

The claim is denied. 

Claim Supervisor: 

Date of Supervisor’s review: 

Supervisor Action: 

Supervisor’s Comments: