Claim Number: 

Claimant: 

Type of Claimant: 

Type of Claim: 

Claim Manager: 

Amount Requested: 

FACTS: 

CLAIM SUMMARY I DETERMINATION 

913041-0001 

Oil Mop, LLC :- d.b.a. OMI Environmental Solutions 

OSRO 

Removal Costs 

$14,726.23 

On March 21, 2012, a tug boat, the UTV PORT GIBSON, owned by Crown Point Holdings 

(CPR) capsized and sank at the dock by CPH's business. CPR is the responsible party (RP) for 

the vessel.and the discharge. The vessel discharged about 300 gallons of bilge oil at Bayou 

Barataria, an area of the IntraCoastal Waterway, a navigable water of the United States. CPR 

hired Oil Mop, LLC (OMI or Claimant) to respond to the discharge. OMI placed boom and 

sorbent pads in the water as the source was secured. CG Sector New Orleans responded to the 

incident and conducted an investigation. 

CLAIMANT and CLAIM: 

The Claimant is .an oil spill response company that responded to the oil spill resulting from the 

sinking of the RP's tug boat. OMI presented its claim to the RP on April 11, 2012. To date, the 

Claimant has not been paid. OMI presented its claim to the Oil Spill Liability Trust Fund on 

March 18, 2013. OMI seeks its uncompensated removal costs for the services provided in 

responding to the vessel discharge. 

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 OP A 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)(l)(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 33CFR136.105(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, under33 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: 

A. Overview: 

1. CG Sector New Orleans personnel provided FOSC coordination. 

2. The incident involved the report of a discharge and substantial threat of a 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 Claimants have certified no suit has been filed 

in court for the claimed uncompensated removal costs; 

4. The claim was submitted within the six-year period oflimitations for claims. 33 U.S.C. § 

2712(h)(l); 

5. The NPFC Claims Manager has thoroughly reviewed all documentation submitted with the claim · 

and determined which 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. 

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B. A_nalysis: 

The Claims Manager reviewed the invoices and associated other documentation and the Claimants' rate 

sheets in support of the uncompensated costs a8 claimed. The Claims Manager focused on: (1) whether 

the actions taken were compensable "removal actions"under·opA and its regulations at 33CFR136 · 

(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. 

The Claims Manager found that Claimants' actions were reasonable and necessary under OPA. The 

Claimant provided daily work reports and a rate sc.hedule by which the Claims Manager was able to 

verify OMl's claimed costs, with the exception of the claimed disposal and transportation stop fee. The 

NPFC has detennined that .disposal should be paid in accordance with a disposal invoice from American 

Recovery LLC, but not as presented on OMl's invoice because the claimed amount was not substantiated 

by the rate schedule. The transportation stop fee was not supported by any documentation, thrrefore it is 

denied. The total amount.denied for these two items is $240.00. The rest of the claim is compensable as 

presented because it represents documented, reasonable remova,l costs under OP A: The total approved 

amount is $14,486.23. · 

. AMOUNT: . $14,486. 

Ciaim SuperVisor: . 

Date of Supervisor's review: 412113 

'· SuperVisor Action: Approved 

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