CLAIM SUMMARY / DETERMINATION FORM 

Date : 09/21/2010 

Claim Number : 910122-001

Claimant : City of Puyallup 

Type of Claimant : City (US) 

Type of Claim : Removal Costs 

Claim Manager : 

Amount Requested : $11,126.74 

FACTS: 

Oil Spill Incident: On September 28, 2008, the Collections Division of the City of 

Puyallup was notified of a vehicle fire that leaked gasoline into a storm drain leading into 

the Puyallup River, a navigable waterway of the US. The National Response Center 

(NRC) was notified (#934245) and Central Pierce Fire & Rescue was dispatched to put 

out the vehicle fire. City of Puyallup representative worked with 

Environmental Protection Agency (EPA) representative to provide after the 

fact FOSC coordination. The City of Puyallup hired PRO-VAC to remove the solids and 

liquids from the storm drain and river pump chambers in order to further mitigate the risk 

of remaining fuel spilling into the water. The City of Puyallup issued a notice to the 

responsible party that owned the vehicle, but that letter came back returned to sender. 

Description of Removal Activities for this claimant: The City of Puyallup hired PROVAC to remove all solids (sorbents) and liquids from the storm drains and pump 

chambers leading into the Puyallup River. PRO-VAC costs included equipment (with 

personnel time included) costs, demurrage costs (while analytical testing of the waste was 

delayed and the trucks had to remain on scene) and disposal costs. PRO-VAC billed the 

City of Puyallup for the removal of the oil, demurrage, analytical testing and disposal 

costs.

The Claim: On June 24, 2010 the City of Puyallup submitted a removal cost claim to the 

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

removal costs in the amount of $11,126.74. 

The City of Puyallup is claiming PRO-VAC invoice costs for equipment (with personnel 

included) of $2,645.00, demurrage aka standby costs of $2,500.00, disposal costs of 

$4,535.00, analytical and report costs of $500.00 and sales tax of $946.74. 

APPLICABLE LAW: 

Under the Oil Pollution Act of 1990 (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. 

Removal costs are those “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) 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. 

Under 33 USC §2713(a) all claims for removal costs or damages, with exceptions not 

applicable here, shall be presented first to the responsible party or guarantor of the source 

designated. 

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]. 

Under 33 USC §2715(a) any person, including the Fund, who pays compensation 

pursuant to this Act to any claimant for removal costs or damages shall be subrogated to 

all rights, claims, and causes of action that the claimant has under any other law.

Under 33 CFR 136.105(a) and 136.105(e)(6), the claimant bears the burden of providing 

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 136.107,

“(a) The claims of subrogor (e.g., insured) and subrogee (e.g., insurer) for removal costs 

and damages arising out of the same incident should be presented together and must be 

signed by all claimants.

(b) A fully subrogated claim is payable only to the subrogee.”.

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.” 
Under 33 CFR 136.115(d), the Director, NPFC, will, upon written request of the claimant 

or the claimant's representative, reconsider any claim denied. This is a de novo review. 

The request for reconsideration must be in writing and include the factual or legal 

grounds for the relief requested, providing any additional support for the claim. The 

request for reconsideration must be received by the NPFC within 60 days after the date 

the denial was mailed to the claimant or within 30 days after receipt of the denial by the 

claimant, whichever date is earlier. 

DETERMINATION OF LOSS: 

A. Overview: 

1. of US EPA Region X 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 within 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. 

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

$11,126.74 of uncompensated removal costs and 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 #910122-001. The claimant states that all costs 

claimed are for uncompensated removal costs incurred by the claimant for this incident 

on September 28, 2009. The claimant represents that all costs paid by the claimant are 

compensable removal costs, payable by the OSLTF as presented by the claimant. The 

NPFC sent a Responsible Party notification letter to the RP which was returned. 

C. Determined Amount: 

The NPFC hereby determines that the OSLTF will pay $11,126.74 as full compensation 

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

under claim # 910122-001. 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 Claimants. 

AMOUNT: $11,126.74