CLAIM SUMMARY / DETERMINATION FORM 

Date : 8/31/2009 

Claim Number : 909100-001

Claimant : State of South Carolina 

Type of Claimant : State 

Type of Claim : Removal Costs 

Claim Manager : 

Amount Requested : $20,354.80

FACTS: 

 

1. Oil Spill Incident: On April 28, 2008, the South Carolina Department of Health and 

Environmental Control (SCDHEC) received a call from the Parker Fire Department 

(Parker FD) informing that an initial estimate of 100 to 200 gallons of diesel fuel was 

found discharged in and around an unnamed tributary of the Reedy River in Greenville 

County, South Carolina. Reedy River is a navigable waterway of the United States. The 

incident was reported to the National Response Center (NRC) via report # 869320.1The 

State on Scene Coordinator (SOSC), of SCDHEC, responded and 

confirmed that an oil discharge had occurred and that the Parker FD had contained the 

spill. The SOSC coordinated with of the United States Environmental 

Proection Agency (USEPA), the Federal on Scene Coordinator (FOSC), who authorized

the state to take the lead for the immediate response. 

The claimant hired Advanced Environmental Options, Incorporated (AEO) for response 

and cleanup of the spill. The cleanup, as noted by Claimant, was consistent with the 

National Contingency Plan. 

 

To date, the responsible party remains unknown. 

2. Description of removal actions: The claimant hired AEO to handle response actions. 

The contractor used ten (10) people to perform the cleanup, one box truck in order to haul 

emergency response equipment, one vac truck in order to remove standing puddles of offroad diesel, using one small excavator to remove contaminated soil, using three (3) rolloff bins to transport the contaminated soil, and two dump trucks to transport the clean soil 

for back fill. The total amount of contaminated material recovered was three (3) roll-off 

bins of contaminated soil, two vac trucks (3,000 gallons each) of oily water mixture, 

several booms, several absorbent pads, and several bags of oil dry. The contractor 

worked for two days in order to complete this project. 

3. The Claim: On June 1, 2009, The State of South Carolina submitted a removal cost claim 

to the National Pollution Funds Center (NPFC), for reimbursement of their 

uncompensated removal costs in the amount of $20,354.80 for the services provided from 

April 28, 2008 through on or about May 2, 2008 when disposal was completed. This 

claim is for removal costs 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, NRC Report # 869320 
This claim consists of copies of the invoicing, contracted rate schedule, NRC report, State 

of South Carolina Incident Report, internal email correspondence between the claimant 

and the NPFC, photographs as taken by the claimant, disposal manifests, FOSC 

Coordination statement dated 4/28/08, and map. 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 was provided by Mr. of the United States 

Environmental Protection Agency (USEPA) via a written statement dated 4/28/08. 

2. The incident involved the substantial threat of 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. Analysis: 

The NPFC Claims Manager has reviewed the actual cost documents 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, and (4) whether the costs were adequately documented 

and reasonable. 

The Claimant states that all costs claimed are for uncompensated removal costs incurred 

by the Claimant for this incident on April 28, 2008. The Claimant represents that all 

costs paid by the Claimant are compensable removal costs, payable by the OSLTF as 

presented by Claimant. The NPFC confirmed the rates charged were in accordance with 

the rate schedule in place at the time the services were rendered and that the FOSC has 

confirmed that the actions taken were reasonable, necessary and consistent with the NCP. 
C. Determined Amount: 

 

 The NPFC determines that the OSLTF will pay $20,354.80 as full compensation for the 

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

claim# 909100-001.

AMOUNT: $20,354.80

Claim Supervisor: 

Date of Supervisor’s review: 9/1/09 

Supervisor Action: Approved 

Supervisor’s Comments: