Claim Number 

Claimant 

Type of Claimant 

Type of Claim 

Claim Manager 

Amount Requested 

FACTS: 

CLAIM SUMMARY I DETERMINATION FORM 

913045-0001 

United States Environmental Services LLC 

Corporate 

Removal Costs 

: $9,274.80 

1. Oil Spill Incident: The United States Coa.st Guard Sector New Orleans reports1 that on 

June 4, 2012, Shoreline Marine was performing water operations when one of its crane 

dredges went off a barge and into the Bayou Castine, which drains into Lake 

Pontchartrain, both navigable waterways of the US. This resulted in the release of 

approximately 16 gallons of oil and diesel fuel into the water. 

The Responsible Party (RP) was identified as Shoreline Marine, which signed the·work 

order contract on 610412012.2 

2. Description of removal actions performed: The claimant, United States Environmental 

Services LLC (USES), responded to the spill site and began to place sorbent boom in and 

around the affected area. A total of eight 55-gallon drums were collected and disposed of 

on June 18, 2012. 

3. The Claim: On April 22, 2013, USES submitted a removal cost claim to the National 

Pollution Funds Center (NPFC), for reimbursement of removal costs in the amount of 

$9,274.80 for the servicl'.s provided from June 4 through June 6, 2012. This claim is for 

removal costs based on the rate schedule in place at the time services were provided. A 

copy of the vendor rate schedule was provided with the claim submission. 

The review of the actual cost invoicing and dailies focused on: (1) whether the actions 

taken were compensable "removal actions" under OP A 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 consistent with the NCP or directed by the FOSC, and ( 4) whether the costs were 

adequately documented. 

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 OP A 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)(l)(B). 

1 See Sector New Orleans Case Report# 596688, opened 6/04/2013. 2 See Contract between Shoreline Marine and USES, dated 6/04/2012, and submitted with the clami by the claimant 

on 4/22/2013. 
"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 withthis 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.lOS(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 33CFR136.lOS(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 

2 
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 has been established via USCG Sector New Orleans.3 

2. The incident involved the report of a 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 within the three year statute oflimitations. 33 U.S.C. § 

2712(h)(l). 

5. A Responsible Party was determined, but has not submitted payment. The NPFC also 

made notification to the RP but, to date, no payment has been received. 33 U.S.C. § 

2701(32). 

6. The NPFC Claims Manager has thoroughly reviewed all documentation submitted with 

the claim and determined that all 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 that the claimant had 

incurred all costs claimed. The review focused on: (1) whether the actions taken were 

compensable "removal actions" under OP A 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 Claims Manager validated the costs incurred and determined what, of these costs, were 

reasonable, necessary and performed in accordance with the National Contingency Plan 

(NCP). The Claimant states that all costs claimed are for uncompensated removal costs 

incurred by the Claimant for this incident from June 4 through June 6, 2012. The Claimant 

represents that the costs it paid are compensable removal costs, payable by the OSLTF as 

presented by the claimant. 

After a review of the file, and reading the supplemental documentation supplied by Sector 

New Orleans, the response by USES appears reasonable and justified to mitigate any further 

damage the oil may have caused. An audit of the costs was performed, weighing the 

requested amounts against the rate sheets in place. On that basis, the Claims Manager hereby 

determines that the claimant incurred $9,274.80 of uncompensated removal costs and that 

that amount is properly payable by the OSL TF as full compensation for the reimbursable 

3 See Sector New Orleans Case Report# 596688, opened 6/04/2013, as well as email from PO , 

USCG, to Ms. , NPFC, dated 5/29/2013. 

3 
i - . 

removal costs incurred by the claimant and submitted to the NPFC under claim #913045-

0001. 

C. Determined Amount: 

The NPFC hereby determines that the OSLTF will pay $9,274.80 as full compensation for 

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

claim 913045-0001. All costs claimed are for charges paid for by the Claimant for removal · 

actions as that term is defined in OP A and, are compensable removal costs, payable by the 

OSLTF as .presented by the Claimant. 

AMOUNT: $9,274.80 

Claim Supervisor

Date of Supervisor's review: 5131113 

Supervisor Action: Approved 

Supervisor's Comments: