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CLAIM SUMMARY / RECONSIDERATION DETERMINATION1

Claim Number: UCGP923032-URC001 

Claimant: State of Rhode Island, Department of Environmental Management 

Type of Claimant: State 

Type of Claim: Removal Cost 

Claim Manager: 

Amount Requested: $142,532.70 

Action Taken: Offer in the amount of $129,524.07 

EXECUTIVE SUMMARY:

On November 13, 2021, Reichert Oil (“Reichert”) delivered home heating oil to a residence 

on Hartford Pike in Foster, Rhode Island.2 Four days later on November 17, 2021, the 

homeowner called Reichert to report having no heat. A Reichert technician investigated and 

discovered that the underground home heating oil tank was almost empty and presumably had a 

leak.

3

 A neighbor, Mr. , discovered oil in his pond.4 The oil reached the 

neighboring property’s pond via groundwater flow and then via an aboveground flow of the oil.5

 

The pond is fed by Hannah Brook and drains to Windsor Brook,6 a navigable water of the United 

States.7 

The Rhode Island Department of Environmental Management (“RIDEM” or “Claimant”) 

received a report of an oil release8

 and responded to the incident in its capacity as the State On 

Scene Coordinator (SOSC). The SOSC informed the homeowner, Mr. , of his 

responsibility for the oil spill.9

 EPA Region 1 responded as the Federal On-Scene Coordinator 

(FOSC).10 The homeowner and his insurance were unable to pay for the response.11 RIDEM 

hired Newton B Washburn LLC (“OSRO” or “NBW”) to remediate the release.12 The response 

1 This determination is written for the sole purpose of adjudicating a claim against the Oil Spill Liability Trust Fund 

(OSLTF). This determination adjudicates whether the claimant is entitled to OSLTF reimbursement of claimed 

removal costs or damages under the Oil Pollution Act of 1990. This determination does not adjudicate any rights or 

defenses any Responsible Party or Guarantor may have or may otherwise be able to raise in any future litigation or 

administrative actions, to include a lawsuit or other action initiated by the United States to recover the costs 

associated this incident. After a claim has been paid, the OSLTF becomes subrogated to all of the claimant’s rights 

under 33 U.S.C. § 2715. When seeking to recover from a Responsible Party or a Guarantor any amounts paid to 

reimburse a claim, the OSLTF relies on the claimant’s rights to establish liability. If a Responsible Party or 

Guarantor has any right to a defense to liability, those rights can be asserted against the OSLTF. Thus, this 

determination does not affect any rights held by a Responsible Party or a Guarantor.

2 See, RIDEM Emergency Response Report dated November 18, 2021, Summary section, pages 2-4 of 4. 3 Id.

4 See, RIDEM Emergency Response Report dated November 18, 2021, Summary section, page 2 of 4. 5 See, RIDEM Emergency Response Report dated November 18, 2021, Summary section, page 3 of 4. 6 Email from EPA Region 1 to NPFC dated October 31, 2023.

7 See, December 16, 2021 email from USEPA Region 1 to RIDEM subj: Memo to File email for Oil Release at 

. 8 See, RIDEM call log # 21-21220 dated November 18, 2021. 9 See, RIDEM Emergency Response Report dated November 18, 2021, Summary section, page 3 of 4. 10 See, December 16, 2021 email from USEPA Region 1 to RIDEM subj: Memo to File email for Oil Release at 

11 See, RIDEM Emergency Response Report dated November 18, 2021, 11/22/21 entry, page 3 of 4. 12 See, RIDEM state contract with Newton B Washburn LLC dated 9/7/21 for the response period of 10/1/21-

9/30/24 providing hazardous and petroleum related services.

(b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6)
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lasted for months, ending August 19, 2022 when NBW demobilized the remaining equipment 

and materials.

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I. CLAIM HISTORY:

On August 23, 2023, RIDEM presented its original claim to the NPFC for uncompensated

removal costs seeking $142,532.70.14 The NPFC thoroughly reviewed the original claim, all 

information provided by RIDEM and obtained independently, the relevant statutes and 

regulations, and ultimately offered $122,737.23 and denied $19,795.47 of the claim.15 The 

NPFC’s initial determination is hereby incorporated by reference. 

II. REQUEST FOR RECONSIDERATION:

The regulations implementing OPA require requests for reconsideration of an initial

determination to be in writing and include the factual or legal grounds for the relief requested, 

along with any additional support for the claim.16 The claimant has the burden of providing 

all evidence, information, and documentation deemed necessary by NPFC’s Director to 

support the claim.17 When analyzing a request for reconsideration, the NPFC performs a de 

novo review of the entire claim submission, including any new information provided by the 

Claimant in support of its request for reconsideration. The written decision by the NPFC is 

final.18

On February 15, 2024, the NPFC received RIDEM’s timely request for reconsideration and 

evidence supporting payment of some of the denied costs in their original claim. Specifically, 

RIDEM states that it provided an outdated NBW pricing sheet with the initial claim submission. 

To support its reconsideration request, RIDEM provided the updated NBW pricing sheet that 

was in place at the time of the incident response.

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III. ANALYSIS ON RECONSIDERATION:

The regulations implementing OPA require requests for reconsideration of an initial

determination to be in writing and include the factual or legal grounds for the relief requested, 

along with any additional support for the claim in accordance with our governing claims 

regulations at 33 CFR 136.115(d). 

The NPFC has thoroughly reviewed and considered the Claimants’ request for 

reconsideration. 

After reconsideration of the claim and the related costs, the NPFC has determined that the 

amount of compensable removal costs is $129,524.07 while $13,113.63 is deemed non13 NBW work order page 20 dated August 19, 2022, citing removing plates, backfilling ruts, spreading seed and 

closing the site.

14 RIDEM original claim submission dated August 3, 2023 and received at NPFC on August 23, 2023. 15 NPFC Offer package dated January 19, 2024. 16 33 CFR 136.115(d). 17 33 CFR 136.105(a). 18 Id. 19 See, Email from RIDEM to NPFC dated February 15, 2024 requesting reconsideration, with NBW updated rate 

sheet entitled “OET21000573 MPA 118 sheet 1, pages 1-74.
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compensable as detailed in the spreadsheet enclosed with this determination.20 Examples of 

reasons for denial of costs or reduction of amounts allowed are summarized below. 

1. Numerous line items on each NBW invoice provided were charged at rates above

those provided in the NBW pricing sheet submitted by the claimant. The NPFC

utilized the rates in the updated NBW pricing sheet, resulting in denials of the

differences in charged amounts over the amounts calculated using the updated rates.

The total amount denied for this category is $3,355.2521 and broken down below by

invoice number:

 6464 –$2,934.65

 6492 –$0.60

 6647 –$335.00

 6800 - $85.00

2. Several line items were not itemized on the daily work orders that listed personnel,

equipment and supplies utilized each day. These line items were denied. The total

amount denied for this category is $1,428.5322 and broken down below by invoice

number:

 6464 –$256.02

 6492 –$490.00

 6723 –$682.51

3. Some line items such as work hours or number of supplies used, were invoiced at a

higher number or amount, than what were listed on the daily work orders. The NPFC

reduced the allowed amount to the amount documented on the daily work orders. The

total amount denied for this category is $202.5023 and broken down below by invoice

number:

 6464 – Daily count adjustment total $37.50

 6647 – Items not on daily total $165.00

4. On invoice 6647, the NPFC denied $45.00 for Analytical Fecal Coliform because the

claimant provided no basis for the rate charged. It was not on the NBW pricing sheet

and there was no receipt.

5. Certain third-party purchases (e.g., backfill) were denied because the claimant was

unable to provide receipts, invoices or other documentation to support the amounts

invoiced for these items. Further, some invoiced costs extended beyond the end of the

20 See, Enclosure (3) NPFC Summary of Costs spreadsheet. 21 Id. 22 See, Enclosure (3) NPFC Summary of Costs spreadsheet. 23 Id.
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response and site closure, which were also denied. The total amount of third-party

costs denied for this category is $8,082.3524 and broken down below by invoice 

number: 

 6647 – No invoice or receipts total $1,316.60

 6800 – No invoice or receipts, as well as costs beyond the end of the response

 total $6,765.75 

Overall Denied Costs: $13,113.6325

VI. CONCLUSION:

 Based on a comprehensive review of the record, the applicable law and regulations, and for 

the reasons outlined above, RIDEM’s request for uncompensated removal costs is approved in 

the amount of $129,524.07. 

 This determination on reconsideration is a settlement offer,26 the claimant has 60 days in 

which to accept this offer. Failure to do so automatically voids the offer.27 The NPFC reserves 

the right to revoke a settlement offer at any time prior to acceptance.28 Moreover, this settlement 

offer is based upon the unique facts giving rise to this claim and is not precedential.

Claim Supervisor: Russell C. Proctor

Date of Supervisor’s review: March 19, 2024 

Supervisor Action: Offer Approved

24 See, Enclosure (3) NPFC Summary of Costs spreadsheet. 25 For a more detailed description of the costs denied, see Enclosure (3) NPFC Summary of Costs spreadsheet. 26 Payment in full, or acceptance by the claimant of an offer of settlement by the Fund, is final and conclusive for all 

purposes and, upon payment, constitutes a release of the Fund for the claim. In addition, acceptance of any 

compensation from the Fund precludes the claimant from filing any subsequent action against any person to recover 

costs or damages which are the subject of the uncompensated claim. Acceptance of any compensation also 

constitutes an agreement by the claimant to assign to the Fund any rights, claims, and causes of action the claimant 

has against any person for the costs and damages which are the subject of the compensated claims and to cooperate 

reasonably with the Fund in any claim or action by the Fund against any person to recover the amounts paid by the 

Fund. The cooperation shall include, but is not limited to, immediately reimbursing the Fund for any compensation 

received from any other source for the same costs and damages and providing any documentation, evidence, 

testimony, and other support, as may be necessary for the Fund to recover from any person. 33 CFR § 136.115(a). 27 33 CFR § 136.115(b). 28 Id.