CLAIM SUMMARY I DETERMINATION 

Claim Number: 916048-000 l 

Claimant: Guilford County Department of Health and Human Services 

Type of Claimant: Municipality 

Type of Claim: Removal Costs 

Claim Manager: 

Amount Requested: $593.75 

FACTS: 

Oil Spill Incident: On December 11, 2015, Guilford County Environmental Health responded on scene to 

a report of a strong petroleum smell eminating from a storm drain system next to a private residence in 

Greensboro, NC which was adjacent to a tributary to South Buffalo Creek, a navigable waterway of the 

US. 1 County responders mobilized with personnel and found a fuel sheen throughout the storm drain. The 

source of the sheen is suspected to be coming from an abandoned vehicle near the location and cleanup was 

determined to be necessary. Guilford County assumed responsibility of the incident and contracted with 

A&D Environmental to handle cleanup and disposal. 2 Federal On Scene Coordination was provided by the 

United States Environmental Protection Agency Federal On Scene Coordinator (FOSC) f 

Region 4. 3 

The Claim: 

This claim for uncompensated removal costs was presented to the National Pollution Funds Center (NPFC) 

on April 22, 2016, by Guilford County Environmental Health and Human Services for reimbursement of 

their uncompensated removal costs of A&D Environmental for personnel, equipment and disposal costs in 

the amount of$593.75. 

APPLICABLE LAW: 

"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 (OSL TF), 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 I 36. I03(c){2) [claimant election]. 

33 U.S.C. §2713(d) provides that "!fa 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. IOS(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. 

1 See, Guilford County Emergency Incident Report. 2 See, Guilford County Emergency Incident Report. 3 See, Guilford County Emergency Incident Report, page 2 EPA signature dated April 21, 2016. 

2 
Under 33 CFR 136.1 OS(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 ac:livities 

for which costs are being claimed must have been coordinated with the FOSC." [Emphasis added]. 

DETERMINATION OF LOSS: 

A. Overview: 

1. FOSC coordination was established for the incident by the FOSC Mr. of Region IV 

for services provided through December 11, 2015, 4 in accordance with 33 U.S.C. § 1321(d)(2) and the 

National Contingency Plan. 

2. The incident involved the discharge of"oil" as defin~d in OPA 90, 33 U.S.C. § 2701(23), to navigable 

waters. 

3. In accordance with 33 CFR § l36.105(e)(l2), the claimant has certified no suit has been filed in court 

for the claimed uncompensated removal costs. 

4. The claim was submitted timely, within the six year statute of limitations in 33 U.S.C. § 2712(h)(l ). 

5. The NPFC Claims Manager has thoroughly reviewed all documentation submitted with the claim and 

determined that 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 confinn that 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 detennined 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 NPFC confirmed that the actions undertaken were reasonable and necessary and that the services were 

billed in accordance with the county/contractor's rates for reimbursement. The FOSC has confirmed via 

signature on the Guilford County Emergency Response Incident Report that the response was reasonable 

and necessary and properly coordinated with him in accordance with the NCP. On that basis, the Claims 

Manager hereby determines that the Claimant did in fact incur $593.75 of uncompensated removal costs 

and that that amount is payable by the OSL TF as full compensation for the reimbursable removal costs 

incurred by the Claimant and submitted to the NPFC under claim #916048-0001. The Claimant states that 

all costs claimed are for uncompensated removal costs incurred by the Claimant for this incident on 

December 11, 2015. The Claimant represents that all costs paid by the Claimant are compensable removal 

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

C. Determined Amount: 

~See, Guilford County Emergency Incident Report, page 2 EPA signature dated April 21, 2016. 

3 
The NPFC hereby detennines that the OSLTF will pay $593.75 as full compensation for the reimbursable 

removal costs incurred by the Claimant and submitted to the NPFC under claim # 916048-0001. All costs 

claimed are for charges paid for by the Claimant for removal actions as that tenn is defined in OPA and, are 

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

AMOUNT: $593.15 

Claim Supervisor: 

Date of Supervisor's review: 4117116 

Supervisor Action: Determinut/011 Approi•ed 

4