CLAIM SUMMARY / DETERMINATION FORM 

Date : 8/4/2009 

Claim Number : M09004-001

Claimant : Charleston Marine Services 

Type of Claimant : Corporate (US) 

Type of Claim : Loss of Profits and Earning Capacity 

Claim Manager : 

Amount Requested : $28,840.00

FACTS: 

1. Oil Spill Incident: On November 14, 2008, the M/V NANAMI ran aground off of 

Kiawah Island. At the time of the grounding, the vessel contained approximately 400 

gallons of fuel. The responsible party’s attempts to free the vessel and mitigate the 

substantial threat of discharge proved to be unsuccessful. On November 15, 2008, the 

United States Coast Guard (USCG) Sector Charleston, federalized the case due to the 

substantial threat of discharge to the environment and because the responsible party 

was not taking proper measures to salvage the vessel. The USCG hired a response 

contractor who the removed in total an approximate 1050 gallons of diesel and left an 

approximate amount of 250 gallons of diesel. On November 26, 2008, Charleston 

Marine Services (working under a Coast Guard Basic Ordering Agreement 9BOA)), 

removed the vessel from the beach. It was determined that the vessel would be 

moved to Charleston Marine’s dock. At the time the vessel was removed, the USCG 

reported that the hull integrity was confirmed with no pollution. The USCG 

determined the threat abated and deemed the response and threat completed. 

2. The Claim: On August 4, 2009, Charleston Marine Services submitted a claim to the 

NPFC in the amount of $28,840.00 for services rendered on or after December 1, 

2008 for dockage fees of the abandoned vessel M/V NANAMI and for diver and pump 

services. The claim submission consisted of an NPFC claim form, an invoice, and 

documentation from the National Vessel Documentation Center related to a tile 

search. 

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 

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: 

The NPFC has determined that the costs associated with this claim are not OPA 

compensable costs as determined by the Federal On Scene Coordinator (FOSC). Sector 

Charleston closed the Federal Project and deemed the response complete and threat 

mitigated as of November 26, 2008 therefore all costs presented are not OPA 

compensable. See 33 CFR 136.203 & 205.
AMOUNT: 0.00

Claim Supervisor: 

Date of Supervisor’s review: 

Supervisor Action: 

Supervisor’s Comments: