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CLAIM SUMMARY / DETERMINATION FORM

Claim Number : 916022-0001 

Claimant : Guilford County Department of Health and Human Services 

 Guilford County Environmental Health 

Type of Claimant : Local Government 

Type of Claim : Removal Costs

Claim Manager : 

Amount Requested : $361.00 

INCIDENT:

The Guilford County Department of Health and Human Services (Guilford County) reports 

that on November 5, 2015, a small release of hydraulic fluid from a vehicle carrier owned by 

Motivated Transport (the Responsible Party (RP)) was discovered impacting a nearby 

waterway at Yanceyville Sreet and Lindsay Street. Being unable to contact the RP, Guilford 

County assumed responsibility of the incident and contracted with A&D Environmental 

Services for site and removal efforts. 

The RP, Motivated Transport, was notified by the Claimant but to date has not paid the costs 

for which it is responsible. 

CLAIM AND CLAIMANT: 

The Claimant, Guilford County, managed incident and contracted with A&D Environmental 

to remove free product and absorbent booms and pads that were placed by Greensboro Fire 

Department. Guilford County claims it paid $361.00 to have pads removed and disposed of 

properly. 

On January 4, 2016, 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 $361.00 for its response to a spill of oil on November 5, 2015. 

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 
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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. 

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.
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B. NPFC Analysis:

Guilford County states in its claim submission that all costs claimed are for uncompensated 

removal costs incurred for this incident. It represents that all costs presented to the Fund are 

compensable removal costs, payable by the OSLTF.

The NPFC Claims Manager reviewed Guilford County’s actual cost invoicing and dailies to 

ensure that the Claimant had incurred all costs claimed and that the costs were adequately 

documented and reasonable. Pursuant to 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. 

Based on a preponderance of the evidence, the claim is denied because (1) the Claimant has 

not shown it was able to obtain coordination from the FOSC and (2) it has not provided 

documentation showing that the storm drain/Muddy Creek are nexuses to a navigable 

waterway. The Claimant was asked to provide the above,1 but has failed to respond and 

furnish the requested information. As such, the NPFC is unable to determine whether or not 

this claim is consistent with the National Contingency Plan.

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Should Guilford County choose to request reconsideration of its claim, it would need to 

provide FOSC coordination, as well as provide proof that the incident discharged in or 

threatened a navigable waterway. Based on the foregoing, this claim is denied.

C. Determined Amount: $0.00

The NPFC hereby determines this claim is denied because (1) the Claimant failed to obtain 

coordination from the FOSC in accordance with the governing claims regulations found at 33 

CFR §136.203 and 205 and (2) it has not provided documentation showing that the storm 

drain/Muddy Creek are nexuses to a navigable waterway and that this incident either 

substantially threatened a navigable waterway of discharged directly into a navigable 

waterway. 

 

Claim Supervisor: 

Date of Supervisor’s review: 4/8/16 

Supervisor Action: Denial approved

Supervisor’s Comments: 

 

1 See emails from the NPFC to Mr. dated 3/02/2016 and 3/24/2016.

2 See 33 CFR 136.205.