CLAIM SUMMARY / DETERMINATION FORM 

Date : 10/5/2010 

Claim Number : 910146-0001

Claimant : State of Florida 

Type of Claimant : State 

Type of Claim : Removal Costs 

Claim Manager :

Amount Requested : $5,700.00

FACTS: 

Oil Spill Incident: On November 16, 2009, Division of Forestry representative 

 notified the Florida Bureau of Emergency Response (BER) of a possible spill of 

motor oil/fuel at Seminole State Forest in Paisley, Florida. On November 17 BER OSC 

Holly Fortune conducted a site visit and surveyed the spillage area. Three days later, on 

the 20th, Fortune conducted a site visit with Southern Waste Services (SWS) 

representative and verified that approximately 15 gallons of gasoline and 

10 gallons of motor oil had been dumped. It was determined that from the site location, 

the gas/oil would drain into the St. John’s River, a navigable waterway of the U.S. No 

responsible party (RP) was identified. of the United States 

Environmental Protection Agency (USEPA) was the Federal On Scene Coordinator 

(FOSC). 

Description of Removal Activities for this claimant: On November 24, 2009, BER 

contracted SWS Environmental First Response for cleanup. BER assisted and monitored 

the cleanup and restoration efforts of the contractor. 

The Claim: On September 28, 2010, the Florida Department of Environmental 

Protection submitted a removal cost claim to the National Pollution Fund Center (NPFC) 

for reimbursement of their uncompensated removal costs of State personnel, equipment, 

response contractor expenses, lab expenses, and administrative costs in the total amount 

of $5,700.00.

Florida DEP is claiming $1,525.78 in State personnel expenses, $215.94 in State 

equipment (vehicle and clothing), $24.40 in Expendable expenses (Visqueen roll), $8.04 

in Sampling expenses (Septa Jar), $3,903.85 response contractor expenses, and $22.00 in 

State administrative documentation/photo fees. 

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. USEPA FOSC, provided FOSC coordination. 

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 in accordance with the six year statute of 

limitations. 

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 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. 

The NPFC confirmed that the response contractor billed its costs in accordance with rate 

schedule provided at the time the services were rendered and the NPFC conformed the 

actions were appropriate for the scope and magnitude of the incident as coordinated with 

the FOSC. On that basis, the Claims Manager hereby determines that the claimant did in 

fact incur $5,700.00 of uncompensated removal costs and that the 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 #910146-0001. The claimant 

states that all costs claimed are for uncompensated removal costs incurred by the 

claimant for this incident on October, 30, 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 $5,700.00 as full compensation 

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

under claim # 910146-0001. 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: $5,700.00

Claim Supervisor:

Date of Supervisor’s review: 10/14/10

Supervisor Action: Approved 

Supervisor’s Comments: