Claim Number: 

Claimant: 

Type of Claimant: 

Type of Claim: 

Claim Manager: 

Amount Requested: 

FACTS: 

CLAIM SUMMARY I DETERMINATION 

9 I 3087-000 I 

State of Connecticut, Department of Energy & Environmental Protection 

State 

Removal Costs 

$ 10,945.24 

Oil Spill Incident: On November I, 2012, the State of Connecticut Department of Energy & 

Environmental Protection (DEEP) responded to 64 Compo Beach Road in Westport, CT for the 

reported discharge of ISO gallons of Number 2 Fuel Oil into Compo Beach Marina. Compo 

Beach Marina is a tributary to Long Island Sound, a navigable waterway of the United States. 

Responsible Party: DEEP determined that the spill was a result of storm water runoff from the 

flooding resulting from Tropical Storm Sandy and was unable to determine a responsible party 

for this incident. 

Description of Removal Activities: On November I, 20 12, DEEP retained the services of McVac 

Environmental Services. McYac personnel deployed absorbent boom and pads to contain the oil 

and used a super vac to remove accessible pockets of oil from Long Island Sound. The following 

day, McVac personnel responded back to the scene and cleaned affected sea grass and changed 

out boom as needed. The boom remained on-site until November 5, 201 2 at which point it was 

removed. 

United Oil Recovery completed analytical laboratory reports for three samples' that show no 

detectable Polychlornated Bipphenyls (PCBs) were present. 

Disposal of all liquid and solid waste was transported to Un ited Industrial Services on ovember 

2, 5-6,2012.2 

The Claim: On September 18, 201 3, DEEP presented a removal cost claim to the National 

Pollution Funds Center (NPFC) for reimbursement of their uncompensated removal costs in the 

amount of$ I 0,945.243 

APPLICABLE LAW: 

"Oil" is defined in relevant part. at 33 USC § 270 I (23). to mean "ail of any kind or in any form, 

includ ing petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged 

spoil" . 

The Oil Spill Liability Trust Fund (OSL TF), which is administered by the NPFC, is ava ilable. 

pursuant to 33 USC§§ 27 12(a)(4) and 2713 and the OSL TF claims adj udication regulations at 33 

1 Sample #Sl l0512077, #S II 0612092, and #S I I0512100. 2 I) Manifest #MCV2595 dtd November 2, 20 12 for I drum of solid waste. 

2) Manifest #MCY2596 dtd November 5, 2012 for 3 10 gallons of oily water. 

3) Manifest #MCY2840 dtd November 6, 2012 for I drum of solid waste. 

4) Manifest #MCY2633 dtd November 5, 2012 for 1.03 tons of solid waste. 3 USCG NPFC Optional OSL TF Claim Fom1 dated September 5, 20 13. 

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CFR Par1 136, to pay c laims 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 §27 13(b)(2) and 33 CFR 136. 1 03(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 c laim. See also, 33 USC §27 13( c) and 33 CFR 

136.1 03( c )(2) [cla imant election]. 

33 U.S.C. §27 13(d) provides that ·'If a c laim is presented in accordance with this section, 

including a claim for interim, short-tenn damages representing less than the full amount of 

damages to which the c laimant ultimately may be entitled, and full and adequate compensation is 

unavailable, a c laim for the uncompensated damages and removal costs may be presented to the 

Fund.'' 

Under 33 CFR 136.1 OS( a) and 136.1 OS(e)(6), the claimant bears the burden of providing to the 

NPFC, a ll evidence, information, and documentation deemed necessary by the Director, NPFC, to 

support the claim. 

Under 33 CFR 136.1 OS(b) each claim must be in writing, for a sum cer1ain 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 remova l actions were reasonable in response to 

the scope of the oil spill incident, and the N PFC 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 remova l 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." 

Unde r 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]. 

DETERMINA TION OF LOSS: 

A. Overview: 

I. The NPFC has determined that the actions under1aken by the c laimant are deemed consistent 

with the NCP. This determination is made in accordance with the Delegation of Authority for 

Determination of Consistency with the NCP for the payment of uncompensated removal cost 

c laims and is consistent with the provisions of sectio ns 1002(b)(l)(B) and 101 2(a)(4) of 

OPA, 33 U.S.C. §§ 2702(b)(I)(B) and 27 12(a)(4). 

2. The inc ident involved the discharge of·'oil " as de fined in OPA 90, 33 U.S.C. §270 I to 

·'navigable waters." 

3. In accordance with 33 CFR § 136. I OS( e)( 12), the claimant has certified no suit has been filed 

in cour1 for the claimed costs. 

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4. In accordance with33 U .S.C. § 27 I 2(h)( I), the claim was submitted within the six year 

statute of I imitations for removal costs. 

5. The NPFC Claims Manager thoroughly revie·wed all doc umentation submitted with the claim 

and determined what costs presented were for actions in accordance with the NCP and that 

the costs for these actions were 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 c laimed. The review focused on: ( I) whether the actions taken were 

compensable '·remova l actions" under OPA and the c laims 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. 

All costs were va lidated, product was determined to be oil by way of lab analysis, and the 

NPFC has determined the costs were reasonable, necessary and performed in accordance with 

the Nationa l Contingency Plan (NCP). The costs billed were billed in accordance with the 

published rate schedu le at the time services were rendered. 

On that basis, the Claims Manager herby determines that the Claimant did in fact incur 

$ 10,945.24 of uncompensated removal costs and that amount is payable by the OSL TF as full 

compensation for the reimbursable removal costs incurred by the Claimant and s ubmitted to 

the N PFC under claim #9 I 3087-000 I. The Claimant states that a ll costs claimed are for 

uncompensated remova l costs incurred by the Claimant for this incident beginning on 

November I, 20 12. The Claimant represents that a ll costs paid by the Claimant are 

compensable removal costs, payable by the OSL TF as presented by the Claimant. 

C. Determined Amount: 

The NPFC he reby determines that the OSL TF will pay $ 10,945.24 as full compensation for 

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

c laim #9 I 3087-000 I. All costs claimed are for charges paid for by the Claimant for removal 

action s as that te rm is defi ned in OPA and, are compensable removal costs, payab le by the 

OSL TF as presented by the Claimants. 

AMOUNT: 10,945.24 

Date of Supervisor's review: 10/9/13 

Supervisor Actio n: Approved 

Supervisor's Comments: 

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