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CLAIM SUMMARY / DETERMINATION 

Claim Number: 916042-0001 

Claimant: Klawock Volunteer Fire Department 

Type of Claimant: Private (US) 

Type of Claim: Removal Costs 

Claim Manager: 

Amount Requested: $6,300.00

FACTS: 

Oil Spill Incident: On February 16, 2016, the USCG National Response Center (NRC)

was alerted to the illegal dumping of oil into an unnamed stream adjacent to private 

property located in the city of Klawock, Alaska. The unnamed stream is a tributary to the 

Klawock River, a navigable waterway of the United States.1

 The Alaska Department of 

Environmental Conservation (ADEC) investigated the spill site and determined that a 

group of individuals destroyed transformers present near the property for the purpose of 

stealing copper wire. Each transformer contained approximately one pint of oil, which 

was disposed of into the stream. In total, 13 transformers had their contents drained, 

totaling approximately 34 gallons of oil. The owner of the transformers, Alaska Power 

and Telephone (APT), was notified of the spill and subsequently provided analytical test

results on the contents of the transformers. The results concluded that only two 

transformers had oil containing polychlorinated biphenyls above non-detect.2

 The ADEC 

further notified the United States Coast Guard (USCG) in its capacity as the Federal OnScene Coordinator (FOSC).3

Description of removal actions performed: Under the direction of the ADEC, three 

firefighters from the Klawock Volunteer Fire Department (KVFD) responded to the oil 

spill site on February 17, 2016. The responding firefighters immediately began collecting 

the damaged transformer parts and placed them into waterproof containers. Also, from 

February 17 through February 22, per the ADEC’s request, the KVFD assisted in the 

placement of absorbent materials.

4

 Unfortunately, the KVFD responders did not possess 

appropriate personal protective equipment (PPE), to include hazmat suits, resulting in the 

contamination of three full sets of firefighting turnout gear and boots.5

CLAIM AND CLAIMANT:

 

This claim for uncompensated removal costs was presented to the National Pollution 

Funds Center (NPFC) on March 16, 2016, by the Klawock Volunteer Fire Department. 

The Claimant is seeking uncompensated removal costs of the damaged firefighting 

 

1 See notes from telephone conference between Ms. , Alaska Department of Environmental 

Conservation, and Mr. , NPFC, dated March 22, 2016. 2 See SGS North America Inc. Laboratory Report of Analysis dated March 14, 2016. 3 See Alaska Department of Environmental Conservation Situation Report dated February 29, 2016. 4 See letter from Mr. Fire Chief, Klawock Volunteer Fire Department dated March 1, 2016. 5 See letter from Mr. , Fire Chief, Klawock Volunteer Fire Department dated April 5, 2016.
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equipment in the amount of $6,300.00 that resputled while performing response to the 

incident.

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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 

 6 See Klawock Volunteer Fire Department claim dated March 16, 2016.
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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. MSD Ketchikan, as the Federal On-Scene Coordinator (FOSC) for this incident, 

determined that the actions undertaken by the Klawock Volunteer Fire Department

were consistent with the NCP. 33 U.S.C. §§ 2702(b)(1)(B) and 2712(a)(4);

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 within the six year statute of limitations. 33 U.S.C. § 

2712(h)(1);

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 to confirm 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 determined 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 costs claimed are reasonable and appropriate as substantiated by the replacement cost 
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documentation provided demonstrating replacement cost for the items damaged during 

response. The Claimant did not request reimbursement of personnel time associated with 

the response to this incident since the firefighters are volunteers. During the adjudication 

of the claim, the NPFC spoke at length with the Fire Chief and the Federal On Scene 

Corrdinator’s Representative, MSTC , regarding the actions performed and 

she confirmed direct oversight of the services provided were performed by the State On 

Scene Coordinator (SOSC), ADEC. Disposal of the damaged and contaminated turnout 

gear and boots will be performed by the final response contractor that is hired by the 

State to dispose of all petroleum contaminated debris and soil. 

Based on the foregoing, the Claims Manager hereby determines that the Claimant did in 

fact incur $6,300.00 of uncompensated removal costs and that that amount is payable by 

the OSLTF as full compensation for the reimbursable removal costs incurred by the 

Claimant and submitted to the NPFC under claim #916042-0001. The Claimant states 

that all costs claimed are for uncompensated removal costs incurred by the Claimant for 

this incident on February 17, 2014. The Claimant represents that all costs paid by the 

Claimant are compensable removal costs, payable by the OSLTF as presented by the 

Claimant.

AMOUNT: $6,300.00 

Claim Supervisor: 

Date of Supervisor’s review: 4/8/16 

Supervisor Action: Approved

Supervisor’s Comments: