CLAIM SUMMARY / DETERMINATION FORM 

Date : 10/20/2009 

Claim Number : 910005-001

Claimant : State of Florida 

Type of Claimant : State 

Type of Claim : Removal Costs 

Claim Manager : 

Amount Requested : $164.45 

FACTS: 

Oil Spill Incident: On September 24, 2008, the Florida Bureau of Emergency Response 

(BER) received a call from the Naval Station Mayport Environmental Department 

(Mayport Environmental) reporting a sheen from an unknown source at the Mayport 

Basin Pier Bravo One, on the St. Johns River, a navigable water of the United States. 

The BER On-Scene Coordinators for this incident were and 

. They determined that two thousand gallons of oil had been discharged into the 

St. Johns River. 

Description of Removal Activities for this claimant: BER did not conduct clean up of 

this release, but rather conducted an initial assessment and investigation. Mayport 

Environmental and Harbor Ops personnel handled the response actions. 

The Claim: On October 7, 2009, the Florida Department of Environmental Protection 

(DEP) submitted a removal cost claim to the National Pollution Funds Center (NPFC) for 

reimbursement of their uncompensated removal costs of State personnel, equipment, and 

administrative costs in the amount of $164.45. 

Florida DEP is claiming $105.64 in State personnel expenses, $36.81in State equipment 

(vehicle and clothing) expenses and $22.00 in State administrative documentation/photo 

fees. 

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: 

A. Overview: 

1. FOSC coordination was made with the USCG Sector Jacksonville by Mr. 

on 10/07/08. 

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

2701(23), to navigable waters.
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 to determine if the removal costs presented were for actions in 

accordance with the NCP and that 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 if 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 claimant seeks reimbursement of its uncompensated costs for conducting an initial 

assessment and investigation of the oil spill incident. However, based on the information 

provided in the claim submission, the BER On-Scene Coordinators, and 

, determined that the two thousand gallons of oil was discharged from the 

naval vessel the USS Vicksburg. Under OPA 90, the OSLTF is not available to pay 

claims under the provisions of 1012(a)(4) for costs and damages arising from oil spills 

from public vessels. Therefore, this claim is denied. The costs associated with this claim 

should be presented to Naval Station Mayport. 

In summary, the total amount claimed for costs incurred while conducting the initial 

assessment and investigation of the oil spill is $164.45. The NPFC hereby determines 

that the claim is denied because the claimant’s costs are not compensable by the claims 

program under OPA.

 

AMOUNT: $0.00

Claim Supervisor:

Date of Supervisor’s review: 10/21/09

Supervisor Action: Denial approved 

Supervisor’s Comments: