3

On December 20, 2019, the 32 foot vessel R GETAWAY, owned by Mr. and Ms. 

, caught fire, capsized and sank at the Marina De Rey Harbor in Marina Del Rey, 

California. Three (3) passengers were onboard the vessel at the time of the fire,

11 and two (2) 

passengers, including the boat owner, Mr. were hospitalized due to sustained burns. The 

vessel’s engine contained 200 gallons of oil, and released an unspecified amount into the Marina 

Del Rey, a navigable waterway of the United States.

12

On December 20, 2019, the Los Angeles County Fire Department Life Guard Division 

contacted the National Response Center (NRC), who notified CG Sector LA/LB to serve as the 

FOSC for the incident. Los Angeles County Department of Beaches & Harbors dispatched 

Ocean Blue to respond to the oil spill on December 20, 2019.13 CG Sector LA/LB monitored 

Ocean Blue’s cleanup activity.14

Responsible Party 

The FOSC identified the R GETAWAY as a substantial threat of a discharge of oil to 

navigable waters of the United States, on December 20, 2019.15 Mr. and Ms. 

 are identified as the Owners of the vessel.

16 The vessel was not in operation 

at the time of the fire or spill.17 

The NPFC issued a Responsible Party Notification Letter to both RP’s on June 19, 2020.18

The NPFC has received no notification or response from either RP. A Responsible Party 

Notification letter notifies the owners and/or operators that a claim was presented to the National 

Pollution Funds Center (NPFC) seeking reimbursement of uncompensated removal costs 

incurred as a result of response services performed that resulted from a vessel or facility that was 

identified as the source of a discharge or substantial threat of a discharge of oil to navigable 

waters of the United States.

Recovery Operations

On December 20, 2019, Ocean Blue was notified of the R GETAWAY’s oil spill release and 

sinkage into the Marina Del Rey, and was dispatched to assist with cleanup and removal of the 

spill.

19 Ocean Blue arrived on-site and began oil cleanup and vessel removal operations on 

December 20, 2019.20

Ocean Blue boomed off the immediate area surrounding the R GETAWAY, completed fire 

foam suppression, the cleanup of said fire foam, and the raising of the R GETAWAY. Full 

 

11 Hazardous Materials Spill Report: Cal OES control #19-8154. 12 NRC Report #1266978, dated December 20, 2019. 13 Ocean Blue claim submission, dated June 1, 2020. 14 Email from Sector LA/LB to the NPFC, dated June 23, 2020. 15 NRC Report #1266978, dated December 20, 2019. 16 National Vessel Documentation Center (NVDC) Certificate of Documentation (COD), dated October 18, 2019. 17 Photograph of R GETAWAY on fire, dated December 20, 2019. 18 RP Notification Letter to Mr. dated June 19, 2020, and RP Notification Letter to Ms. , dated June 19, 

2020.

19 Email Sector LA/LB to the NPFC, dated June 23, 2020. 20 Ocean Blue claim submission, dated June 1, 2020.

(b) 

(6) 

(b) (6), 

(b)

(b) (6), 

(b)

(b) (6), (b) (b) (6), (b)(b) (6), (b) (b) 

(6) 

(b) 

(6) 

5

or conclusions reached by other entities.33 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.

V. DISCUSSION: 

 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.”34 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.”35

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

with the National Contingency Plan (NCP).36 The NPFC has promulgated a comprehensive set 

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

claims.37 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.38

 Before reimbursement can be authorized for uncompensated removal costs, the claimant must 

demonstrate by a preponderance of the evidence:

(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 directed by the FOSC or determined by the FOSC to be 

consistent with the National Contingency Plan.3940

(d) That the removal costs were uncompensated and reasonable.41

The NPFC analyzed each of these factors and determined that all costs incurred and submitted 

by Ocean Blue herein are compensable removal costs based on the supporting documentation 

provided. All costs approved for payment were verified as being invoiced at the appropriate rate 

sheet pricing and all costs were supported by adequate documentation which included invoices 

and/or proof of payment where applicable.

 33 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). 34 33 U.S.C. § 2701(31). 35 33 U.S.C. § 2701(30). 36 See generally, 33 U.S.C. §2712 (a) (4); 33 U.S.C. § 2713; and 33 CFR Part 136. 37 33 CFR Part 136. 38 33 CFR 136.105. 39 Email from Sector LA/LB to the NPFC, dated June 23, 2020. 40 CG Sector LA/LB Operational Response Summary, dated December 20, 2019. 41 33 CFR 136.203; 33 CFR 136.205.