trailer to have the vessel placed on it. The Claimant then went and rented a dry space for 

the boat for three months (it was a company minimum standard) so that the Claimant 

could drain the contaminated water from the vessel and clean it appropriately. 

On April 21, 2011, the Claimant traveled back to Fly Creek Marina from his home in 

Houston, TX to meet Eastern Shore Marine who was taking down the mast and loading 

the vessel on the Claimant’s trailer. The Claimant then transported the boat to the dry 

storage location where boat was cleaned and repaired. 

The Claim: On May 13, 2011, Mr. (Claimant) submitted a claim to the NPFC 

for a total amount of $2,950.12. The Claimant broke down his claim in separate claim 

components identified as removal costs, public services and real or property damage 

based on his limited knowledge of how his claim should be categorized. Upon further 

review of the claim submission, the NPFC has determined that this claim is a removal 

cost claim.

Upon receipt of the claim submission, the NPFC provided the RP’s information to the 

Claimant and advised that the Claimant must first present all costs to the RP pursuant to 

33 CFR 136.103(a) which states that all claims for removal costs or damages must be 

presented first to the responsible party (RP). The Claimant made proper presentment to the RP 

and received a letter from Mr. dated October 6, 2011 whereby the RP stated he cannot pay 

due to his personal financial situation. 

The Claimant presented copies of all lodging, food, gas, and store receipts in support of his 

response costs as well as a copy of his invoice from East Shore Marine removing the vessel from 

the waterway and a copy of his dry storage contract for where he moved his vessel in order to 

clean his vessel. The Claimant provided a copy of his presentment and RP response, photos taken 

on the day of the incident and a copy of his valid vessel registration.

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]. 

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, 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. NPFC has determined that the actions undertaken by the claimant are deemed consistent 

with the NCP. This determination is made in accordance with the Delegation of 

Authority for Determination of Consistency with the NCP for the payment of 

uncompensated removal cost claims and is consistent with the provisions of sections 

1002(b)(1)(B) and 1012(a)(4) of OPA, 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); 

3. A Responsible Party was determined and subsequently notified by the NPFC. However, 

no response has been received from the RP to date. 33 U.S.C. § 2701(32).

4. The claim was submitted within the six year statute of limitations. 33 U.S.C. § 2712(h)(2)

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. Analysis:

NPFC CA reviewed the actual cost invoices and dailies to confirm whether or not 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 by the FOSC, to be consistent with the NCP or directed by the FOSC, and (4) 

whether the costs were adequately documented and reasonable. 

Upon adjudication of this claim, the NPFC contacted the Claimant on October 12, 2011 to 

discuss the facts of the claim and the details associated with the costs incurred. The Claimant 

confirmed that the cushioned seats were on the floor of the vessel at the time the oil 

contamination water entered the vessel. Due to the customized cushions containing foam, 

they are unable to be cleaned and require replacement. The Claimant does not have the 

original purchase receipt for the customized cushions but advised that they received the 

replacement pricing from the boat manufacturer, Catalina. The NPFC went to the Catalina 

Direct website and also called the manufacturer to discuss the replacement cost of the 

customized cushions. Based on the information received, the NPFC had determined full 

replacement is warranted.

With respect to the food, lodging and gas charges, the NPFC has determined that these costs 

have been proven by way of receipt and support the Claimant’s actions while traveling to AL 

from Houston, TX in order to perform proper cleanup of his vessel. 

The NPFC hereby determines that the OSLTF will pay $2,950.12 as full compensation for 

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

claim # N11025-0001. All costs claimed are for charges paid for by the Claimant for 

removal actions as that term is defined in OPA and, are compensable removal costs, payable 

by the OSLTF as presented by the Claimant. 

AMOUNT: $2,950.12

Claim Supervisor: 

Date of Supervisor’s review: 10/12/11 

Supervisor Action: Approved 

Supervisor’s Comments: