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CLAIM SUMMARY / DETERMINATION FORM

Claim Number : 917044-0001 

Claimant : Guilford County Department of Health and Human Services

Type of Claimant : Local Government 

Type of Claim : Removal Costs

Claim Manager : 

Amount Requested : $588.00 

INCIDENT:

The Guilford County Department of Health and Human Services (Guilford County) received a report 

on July 5, 2017 of a multi-vehicle accident, where five gallons of gasoline were spilled from one of 

the cars into the roadway at the intersection of Lees Chapel Road and North Church Street, 

Greensboro, NC. The gasoline was spilled near a storm drain that leads to a tributary of Buffalo 

Lake, a navigable waterway of the US. 

Because the claimed costs were denied by the insurance for the Responsible Party (RP) (as it 

determined she was not liable for the spill), Guilford County assumed responsibility of the incident 

and contracted with A&D Environmental Services for site and removal efforts. 

This incident was reported to the National Response Center via NRC Report # 1187955.1

 

CLAIM AND CLAIMANT: 

On September 28, 2017, Guilford County presented its removal cost claim to the National Pollution 

Funds Center (NPFC), for reimbursement of its uncompensated removal costs in the total amount of 

$588.00 for its response to a spill of oil on July 5, 2017. The Claimant, Guilford County, managed 

the incident and contracted with A&D Environmental to place speedy dry absorbent material, then 

placing it in drums and sending it for proper disposal. 

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”. 

“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”. 33 USC § 2701(31). 

Removal costs referred to in 33 USC 2702(a) include any removal costs incurred by any person for 

acts taken by that person which are consistent with the National Contingency Plan. 33 USC 

2702(b)(1)(B).

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. 

 

1 See, NRC Report # 1187955, opened 7/05/2017.
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With certain exceptions all claims for removal costs or damages shall be presented first to the 

responsible party of the source designated under 2714(a). 33 U.S.C. § 2713(a). If the claim is not 

settled by any person by payment within 90 days after the date the claim was presented, the claimant 

may elect to commence an action in court against the responsible party or present the claim to the 

Fund. 33 U.S.C. §2713(c)(2).

“Claimant” means “any person or government who presents a claim for compensation under this 

subchapter.” 33 USC § 2701(4).

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 

136.203, the claimant bears the burden to prove the removal costs 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. No FOSC coordination has been provided for this incident. 33 U.S.C. §§ 2702(b)(1)(B) and 

2712(a)(4);

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. The claim was submitted within the six year statute of limitations. 33 U.S.C. § 2712(h)(1)

4. A Responsible Party has been determined. 33 U.S.C. § 2701(32).

5. 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.

B. NPFC Analysis:

The NPFC CA reviewed the actual cost invoices and dailies to confirm that the claimant had incurred 

all costs claimed. The review also 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 

National Contingency Plan or directed by the FOSC, and (4) whether the costs were adequately 

documented and reasonable.