CLAIM SUMMARY / DETERMINATION FORM 

Date : 10/20/2009 

Claim Number : 910023-001

Claimant : State of Florida

Type of Claimant : State 

Type of Claim : Removal Costs 

Claim Manager : 

Amount Requested : $3664.57 

FACTS: 

Oil Spill Incident: On January 27, 2009, Florida Department of Environmental 

Protection (FL DEP) received a call from the Florida Department of Transportation that 

oil had spilled in Mulberry into a drainage culvert on County Right-of-Way. This culvert 

drained a half mile away into the North prong of the Alafia River, which proceeds into 

Tampa Bay, both navigable waterways in the US.1

 

Florida Bureau of Emergency Response (BER) responded, conducting an initial 

investigation. It was observed that oil had impacted the soils measuring 10’ by 4’ and 

that two 5-gallon containers had broken into pieces and spilled their contents onto the 

soil. Therefore, it is estimated that between 10 and 12.5 gallons of oil spilled into the 

culvert. Additionally, three 2.5-gallon containers and one 5-gallon bucket, all containing 

waste oil, were found on scene and later removed (See NPFC Claim # 910024-001). 

BER contracted Southern Waste Services (SWS) to clean the spill site. This incident was 

reported to the National Response Center (NRC) on February 6, 2009 via Report # 

896746. BER determined that the Responsible Party (RP) was unknown.2

 

Description of Removal Activities for this claimant: On January 29, 2009, SWS 

responded by covering the impacted area with visqueen and deploying absorbent boom. 

About a week later, on February 5, 2009, BER and SWS returned to the spill site to 

conduct contaminated soil removal and sampling. One dump truck of contaminated soil 

was removed from the culvert, which was later backfilled and graded. After receiving the 

analytical reports regarding the soil test samples, it was determined that the cleanup target 

levels were met and no further cleanup was necessary. 

The Claim: On October 7, 2009 the FL DEP submitted a removal cost claim to the 

National Pollution Fund Center (NPFC) for reimbursement of their uncompensated 

removal costs of State personnel, equipment and administrative costs in the amount of 

$3664.57. 

FL DEP is claiming $230.01 in State personnel expenses, $3,319.97 in State contractor 

expenses, $92.59 in State equipment (vehicle, pads, and clothing) expenses and $22.00 in 

State administrative documentation/photo fees. The removal costs are based on the rate 

schedule in place at the time services were provided. A copy of the vendor rate schedule 

is provided in the claim submission. 

 

1

 See Claim submission forms, submitted by State of Florida to the NPFC on 10/7/2009. 

2

 See Claim submission forms, submitted by State of Florida to the NPFC on 10/7/2009 and NRC report # 896746, 

dated February 6, 2009. 
This claim consists of copies of the invoicing and associated dailies, copies of contracted 

rate schedules, a copy of NRC Report #896746, a copy of State of Florida Emergency 

Response Incident Report (including a signed copy from the US EPA), a copy of FL BER 

Contracts/Work Authorization Forms, a copy of Lakeland Laboratories Analytical 

Report, a copy of the Non-Hazardous Waste Disposal Manifest, photographs, and internal 

email correspondence. 

The review of the actual cost invoicing and dailies focused on: (1) whether the actions 

taken were compensable “removal actions” under OPA and the claims regulations at 33 

CFR 136 (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 consistent with the NCP or directed by the FOSC, and (4) whether the costs were 

adequately documented. 

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 has been established via Mr with the US EPA.3.

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. No RP was identified. 

6. 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 the costs for these actions were indeed reasonable 

and allowable under OPA and 33 CFR § 136.205. 

B. Analysis: 

NPFC CA reviewed the actual cost invoices and dailies to confirm that the claimant had 

incurred all costs claimed. The review focused on: (1) whether the actions taken were 

compensable “removal actions” under OPA and the claims regulations at 33 CFR 136 (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. 

 

3

 See Claim submission forms, submitted by State of Florida to the NPFC on 10/7/2009.
The Claims Manager confirmed that there was FOSC coordination through the US EPA on 

February 6, 2009. The Claims Manager validated the costs incurred and determined they 

were reasonable and necessary and performed in accordance with the National Contingency 

Plan (NCP). 

On that basis, the Claims Manager hereby determines that the claimant did in fact incur 

$3,664.57 of uncompensated removal costs and that that amount is properly payable by the 

OSLTF as full compensation for the reimbursable removal costs incurred by the claimant and 

submitted to the NPFC under claim #910023-001. The claimant states that all costs claimed 

are for uncompensated removal costs incurred by the claimant for this incident from January 

27, 2009 through August 12, 2009. The claimant represents that all costs paid by the 

claimant are compensable removal costs, payable by the OSLTF as presented by the 

claimant. 

C. Determined Amount: 

The NPFC hereby determines that the OSLTF will pay $3,664.57 as full compensation for 

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

claim # 910023-001. All costs claimed are for charges paid for by the Claimant for removal 

actions as that term is defined in OPA and, are compensable removal costs, payable by the 

OSLTF as presented by the Claimant. 

AMOUNT: $3,664.57

Claim Supervisor:

Date of Supervisor’s review: 10/21/09

Supervisor Action: Approved 

Supervisor’s Comments: