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CLAIM SUMMARY / DETERMINATION FORM

Claim Number : 916145-0001 

Claimant : Pennsylvania Department of Environmental Protection 

Bureau of Oil and Gas 

Type of Claimant : State

Type of Claim : Removal Costs

Claim Manager : 

Amount Requested : $18,086.46 

FACTS: 

1. Oil Spill Incident: The United States Environmental Protection Agency (USEPA) Region V 

reports1 that on May 6, 2015, approximately 750 gallons of oil spilled into a beaver dam 

along Marvin Creek located in Keating Township, McKean County, PA. The beaver pond 

has contiguous drainage to Marvin Creek that flows into Potatoe Creek, which is a tributary 

to the Allegheny River. All of which are navigable waterways of the US.

Upon arrival at the scene, the Claimant, Pennsylvania Department of Environmental 

Protection, Bureau of Oil and Gas (PA DEP), personnel observed that the oil in the dam was 

approximately three-to-seven days old. Coverage on the dam pool was roughly 60’ x 200’ 

and about 500-1000 gallons. 

This incident was reported to the National Response Center (NRC) via Report # 1115679.2

 

At the time of this determination, a Responsible Party (RP) has not yet been identified. 

2. Description of removal actions performed: The Claimant, PA DEP, contracted Fox and 

Sons for cleanup and removal activities, working with the USEPA Federal On Scene 

Coordinator (FOSC) to ensure that the actions undertaken were performed in accordance 

with the NCP. Fox and Sons personnel placed boom and pads, as well as dispatched a vac 

truck and crew to pump oil from the dam. On May 19, 2015, the oily water and debris was 

disposed of at the Waste Treatment Corporation facility. 

3. The Claim: On April 4, 2016, PA DEP presented a removal cost claim to the National 

Pollution Funds Center (NPFC), for reimbursement of its uncompensated removal costs in 

the amount of $18,086.46 for the services provided from May 6 through May 19, 2015. A 

copy of the vendor rate schedule is provided in the claim submission. 

APPLICABLE LAW: 

"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”. 

 

1 See email from , USEPA Region V FOSC, to , NPFC dated 5/02/2016. 2 See NRC Report # 1115679, opened 5/6/2015.
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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]. 
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DETERMINATION OF LOSS: 

A. Overview:

1. FOSC Coordination has been established via USEPA Region V.3 33 U.S.C. §§ 

2702(b)(1)(B) and 2712(a)(4). 

2. The incident involved the report of a discharge of “oil” as defined in OPA 90, 33 U.S.C. 

§ 2701(23); 

3. No Responsible Party was determined for this incident. 33 U.S.C. § 2701(32). 

4. The claim was submitted within the six year statute of limitations. 33 U.S.C. § 2712(h)(1) 

5. 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. 

6. The NPFC Claims Manager thoroughly reviewed all documentation submitted with the 

claim and determined which of the costs claimed were associated with removal actions in 

accordance with the NCP and that the costs for these actions were 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 Claims Manager validated the costs incurred and in conjunction with the Federal On 

Scene Coordinator (FOSC) have determined the costs were reasonable and necessary and 

performed in accordance with the National Contingency Plan (NCP).

PA DEP provided a well-documented daily to show the actions it performed were for OPArelated response actions and that the work performed mitigated the effects of the oil 

discovered in the beaver dam that threated Martin and Potatoe Creeks, as well as the

Allegheny River. Additionally, the USEPA Region V FOSC confirmed and provided 

coordination for the actions that were performed for this incident. Based upon the evidence in 

this claim submission and based on the FOSC cooridnation, the Claims Manager hereby 

determines that the Claimant incurred $18,086.46 of uncompensated removal costs and that 

that amount is payable by the OSLTF as full compensation for the reimbursable removal 

costs incurred by PA DEP and submitted to the NPFC under claim #916145-0001. The 

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

Claimant for this incident from May 6 through May 19, 2015. 

 

3 See email from , USEPA Region V FOSC, to , NPFC dated 5/02/2016.
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C. Determined Amount: 

The NPFC hereby determines that the OSLTF will pay $18,086.46 as full compensation for 

the claimed removal costs incurred by the Claimant and submitted to the NPFC under claim 

916145-0001. 

AMOUNT: $ 18,086.46

 

Claim Supervisor: 

Date of Supervisor’s review: 5/9/16

Supervisor Action: Approved 

Supervisor’s Comments: