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CLAIM SUMMARY / DETERMINATION 

Claim Number: N21007-0001 

Claimant: Texas General Land Office

Type of Claimant: OSRO

Type of Claim: Removal Costs 

Claim Manager: 

Amount Requested: $363.33 

Action Taken: Offer in the amount of $363.33

EXECUTIVE SUMMARY:: 

On December 10, 2020, the United States Coast Guard Sector Corpus Christi (“CG Sector 

Corpus Christi” or “FOSC”) was notified of an unknown sheen from an unknown source, spotted 

in the waters of the Aransas Bay, Texas.1 The Texas General Land Office (“TGLO” or 

“Claimant”) arrived on scene as State One Scene Coordinator (“SOSC”) and recorded a dark 

brown colored sheen of approximately 10 feet by 40 feet; identified as 2.5 gallons of motor oil.2

CG Sector Corpus Christi verified the oil substance was in waters surrounding Fulton Harbor, of 

the Aransas Bay, Texas; a navigable waterway of the United States.3 No clear path of discharge 

and no source of the discharge was identified by either the FOSC or the SOSC. The spill source 

remains unknown. 

Miller Environmental Services (“Miller Environmental”) was notified of the spill and hired 

by the CG Sector Corpus Christi as the oil spill removal organization (OSRO).4 TGLO 

monitored Miller Environmental’s cleanup activity, as the OSRO directed personnel and 

equipment for removal activities.

5

 TGLO presented its uncompensated removal costs claim to 

the National Pollution Funds Center (NPFC) for $363.33.6 

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

the applicable law and regulations, and after careful consideration has determined that $363.33 

of the requested amount is compensable and offers this amount as full and final compensation of 

the claim.

I. INCIDENT, RESPONSIBLE PARTY AND RECOVERY OPERATIONS:

Incident

On December 10, 2020, an unknown sheen from an unknown source was reported to the 

TGLO,7 and the United States Coast Guard.8 TGLO identified a sheen of approximately 10 feet 

 

1 NRC Report #1293968.

2 Texas Oil or Hazardous Substances Discharge or Spill Report #2020-4028. 3 USCG Situation Report-Pollution Report 1 and Final, dated December 14, 2020. 4 MISLE Case Id: 1244937.

5 TGLO Invoice 2020-4028. 6 TGLO claim submission received June 17, 2021. 7 Texas Oil or Hazardous Substances Discharge or Spill Report #2020-4028. 8 NRC Report #1293968.
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by 40 feet, dark brown in color and consisting of 2.5 gallons of motor oil.9 CG Sector Corpus 

Christi served as Federal On Scene Coordinator (FOSC) for this spill incident and verified oil 

from an unknown source within the waters surrounding Fulton Harbor, in the Aransas Bay, 

Texas; a navigable waterway of the United States.10 The SOSC on site coordinated with the 

FOSC, and Sector Corpus Christi federalized the response using FPN N21007.11

Responsible Party

CG Sector Corpus Christi worked with TGLO, attempting to locate the source of the spill, 

and working to identify a responsible party (RP). With all attempts to locate a source being

unsuccessful, CG Sector Corpus Christi collected samples from suspected vessels in an attempt 

to designate the responsible party, but a RP could not be identified.12 As such, the oil spill was 

determined to be a mystery sheen. 

Recovery Operations

CG Sector Corpus Christi reported that Aransas Party Navigation District had applied sorbent 

pads, leaving a light sheen as the oil still needing cleanup.13 Sector Corpus Christi opened the 

OSLTF and contracted Miller Environmental Services for the cleanup, who arrived on scene, 

removing the remaining substance and disposing of all sorbent pads.14 TGLO monitored Miller 

Environmental’s cleanup activity, and remained on site until cleanup was complete.15

II. CLAIMANT AND NPFC:

On June 17, 2021, the NPFC received a claim for uncompensated removal costs from Texas 

General Land Office, dated June 17, 2021.16 The NPFC began the adjudication process of the 

claim submission on June 21, 2021. 

III. DETERMINATION PROCESS:

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

Liability Trust Fund (OSLTF).17 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 

 

9 TGLO claim submission received June 17, 2021.

10 MISLE Case Id: 1244937. 11 USCG Authorization to Proceed, dated December 14, 2020. 12 MISLE Case Id: 1244937. 13 SITREP-POL 1 and Final, dated December 14, 2020. 14 MISLE Case Id: 1244937. 15 TGLO Invoice 2020-4028. 16 TGLO claim submission dated June 17, 2020. 17 33 CFR Part 136.
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the facts of the claim.18 The NPFC may rely upon, is not bound by the findings of fact, opinions, 

or conclusions reached by other entities.19 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.

IV. DISCUSSION: 

 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.20 An RP’s liability 

is strict, joint, and several.21 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.”22 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.”23 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.”24 

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

with the National Contingency Plan (NCP).25 The NPFC has promulgated a comprehensive set 

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

claims.26 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.27

 

18 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)). 19 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). 20 33 U.S.C. § 2702(a). 21 See, H.R. Rep. No 101-653, at 102 (1990), reprinted in 1990 U.S.C.C.A.N. 779, 780. 22 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). 23 33 U.S.C. § 2701(31). 24 33 U.S.C. § 2701(30). 25 See generally, 33 U.S.C. §2712 (a) (4); 33 U.S.C. § 2713; and 33 CFR Part 136. 26 33 CFR Part 136. 27 33 CFR 136.105.