CLAIM SUMMARY / DETERMINATION FORM 

Date : 6/8/2009 

Claim Number : 909087-001

Claimant : State of Texas 

Type of Claimant : State 

Type of Claim : Removal Costs 

Claim Manager : 

Amount Requested : $2,326.66

FACTS: 

1. Oil Spill Incident: On February 5, 2009 an oil spill was discovered in the Tres Palacios 

River in Matagorda County, Texas. The Tres Palacios River is a navigable waterway of 

the United States. The State on Scene Coordinator (SOSC), of Texas 

General Land Office (TGLO), responded and discovered about 5 gallons of diesel fuel in 

the Texas coastal waters. The source of the spill was not found. The SOSC coordinated 

with Petty Officer , the Federal on Scene Coordinator Representative 

(FOSCR), who authorized the state to take the lead for immediate response. 

TGLO hired Palacios Marine and Industrial Coatings, Inc. (PMIC) and monitored their 

good cleanup efforts. The cleanup, as noted by Claimant, was determined to be 

consistent with the National Contingency Plan. 

2. The Claim: On April 29, 2009, the Claimant submitted a removal cost claim in the 

amount of $2,326.66 to the National Pollution Funds Center (NPFC) for reimbursement 

for their uncompensated response costs. The claim consists of the incident billing 

summary, proof of payment, invoices, photographs taken at the incident site and a FOSC 

statement dated February 2009. 

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: 

A. Overview: 

1. The FOSC coordination was provided by Petty Officer of MSSO 

 Victoria. 

2. The incident involved the 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 claimant has certified no suit has been 

filed in court for the claimed uncompensated removal costs. 

4. The claim was submitted on time. 
5. The NPFC Claims Manager has thoroughly reviewed all documentation submitted with 

the claim and determined that the removal costs presented were for actions in accordance 

with the NCP and that costs for these actions were indeed reasonable and allowable 

under OPA and 33 CFR § 136.205 as set forth below.

B. Determined Amount: 

The Claims Manager’s review of the cost documentation has determined that the 

Claimant will be compensated for removal costs based on the rate schedule provided with 

the claim submission. 

NPFC has determined that the rate for a technician is billed at $27.00 per hour on Invoice 

# 9269-2 when the rate schedule calls for $26.00 per hour therefore the NPFC denies the 

$1.00 per hour overcharge for 5 hours for a total denied amount of $5.00. 

NPFC has also determined that the rate for a disposal coordinator is billed at $50.00 per 

hour on Invoice #9269-2 when the rate schedule calls for $49.00 per hour therefore the 

NPFC denies the $1.00 per hour overcharge for 1 hour for a total denied amount of $1.00. 

The NPFC determines that the OSLTF will pay $2,320.66 as full compensation for the 

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

claim# 909087-001.

AMOUNT: $2,320.66

Claim Supervisor: 

Date of Supervisor’s review: 6/15/09

Supervisor Action: Approved 

Supervisor’s Comments: