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CLAIM SUMMARY / DETERMINATION 

Claim Number: 921020-0001

Claimant: City of Whittier Harbor

Type of Claimant: Municipality

Type of Claim: Removal Costs

Claim Manager: 

Amount Requested: $1,987.50

Action Taken: Offer in the amount of $1,987.50

EXECUTIVE SUMMARY:: 

 On October 3, 2020, at approximately 2111 local time, the Whittier Police Department 

received a call from the Anchor Inn located near the Whittier Harbor public boat launch. The 

caller reported that a car had driven off the pier and the car sank. Police Dispatch notifed both 

the Harbormaster for the City of Whittier, Mr , and Whittier Police Chief .

1

 

At approximately 2130 local time, the Harbormaster made notification to the National Response 

Center (NRC) via report # 1288970.2. Harbormaster arrived on scene at 2145 and reported 

that the water was extremely muddy due to the weather conditions and stated that he could not 

see the vehicle in the water but he could smell gasoline/ oil consistent with a vehicle. Mr. 

made the decision to wait until the morning to address the incident due to the weather and the 

availability of resources.

3

On October 4, 2020, United States Coast Guard Sector Anchorage received notification from the 

NRC via reort # 1288970 of the vehicle incident sinking. The Harbormaster contacted the 

United States Coast Guard (USCG) Sector Command Center and advised that a sheen of an 

unknown substance of an unknown amount was observed with a size of approximately 10x10 

foot sheen. The Federal On Scene Coordinator’s Representatives (FOSCRs) and Pollution 

Responders from Sector Anchorage arrived on scene and took pctures of a sheen where the 

vehicle had just been removed. 

 (“RP”), is identified as the owner/operator of the vehicle involved in the incident 

with license plate # and is the responsible party (RP) as defined by the Oil Pollution 

Act of 1990.4 The Claimant, City of Whittier Harbor (“City of Whittier” or “Claimant”), 

presented its uncompensated removal costs to the RP.5 After ninety days following presentment 

and having not reached a settlement with the RP, the Claimant presented its uncompensated 

removal costs claim to the National Pollution Funds Center (NPFC) for $1,987.50.

6

 

1 Whiitier Police Report # 2001558 dated October 4, 2020.

2 NRC Report # 1288970 dated October 3, 2020.

3 Harbormaster Incident Witness Statement dated October 6, 2020.

4 USCG SITREP dated April 20, 2021 and Pollution Responder Witness Statement of MST3 dated 

October 6, 2020.

5 The Claimant provided proof of presentment for invoices totaling $1,987.50. See, claim submission documents and 

Claimant’s copies of certified mail on 10/20/20 via certified mail # 70150640000453086494; 11/20/20 via certified 

mail #70150640000453086531; and on 1/13/21 via certified mail # 701506400004530865555. All certified mail 

was returned unclaimed.

6 City of Whittier Harbor claim submission received April 14, 2021.

(b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6)
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The NPFC has thoroughly reviewed all documentation submitted with the claim, analyzed 

the applicable law and regulations, and after careful consideration has determined that $1,987.50

of the requested amount is compensable and offers this amount as full and final compensation of 

the claim.

 

I. INCIDENT, RESPONSIBLE PARTY AND RECOVERY OPERATIONS:

Incident

 

On October 3, 2020 at 2111 hours, the Whittier Harbor Police Department dispatch received 

a call from the Anchor Inn and a person on the line identified as 7advised that they 

had never been to Whittier before and were driving on the pier in what appeared to only be rain 

and drove off the end of the pier and the car sunk. The caller stated there were three passengers 

and one dog but all escaped the vehicle safely with no injuries and were now at the Anchor Inn.8 

During the police investigation, Officer made contact with , 

 and at the Anchor Inn. The officer stated that it was explained to him 

that the vehicle occupants had never been to Whittier before and they were driving toward the 

area of the harbor where they thought the road continued on. They stated that it was dark and 

they were not sure sure where the road was so they tried to turn around and accidently drove 

down the boat ramp and submerged the vehicle. 

 On October 4, 2020, the United States Coast Guard’s National Response Center (NRC)

received notification by phone from Harbormaster reporting that on October 3, 2020 a 

vehicle drove into the Prince William Sound, a navigable waterway of the United States.9 The 

USCG Pollution Investigators from USCG Sector Anchorage arrived on scene and took pictures 

of a sheen where the vehicle had just been removed. The USCG was informed that the City of 

Whittier had employed the services of local resources in order to retrieve the vehicle from the 

water. The USCG confirmed that the Claimant hired Lazy Otter to assist with the response.10

Responsible Party

 

 In accordance with the Oil Pollution Act of 1990, the owner/operator of the vehicle involved 

in the incident with license plate # is the Responsible Party (RP) for the incident.

11

 It 

was also confirmed that Mr. did not have insurance for the vehicle.12 On April 19, 2021,

 

7 Whiitier Police Report indicates on page 1 of 3 but later identifies the name as on page 3 of 3 

of the same report

8 Whiitier Police Report # 2001558 dtaed October 4, 2020 under Dispatch Notes on page 1 of 3.

9 NRC Report #1288970 dated October 3, 2020.

10 Pollution Responder Witness Statement of MST3 dated October 6, 2020.

11 USCG SITREP dated April 20, 2021 and Pollution Responder Witness Statement of MST3 dated 

October 6, 2020.

12 Whittier Police Department Incident Report #2001558 dated October 4, 2020.

(b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6)
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the NPFC issued a Responsible Party Notification Letter to Mr. 13 On June 17, 2021, 

the certified letter was sent back to NPFC with a “Return to Sender” label, as well as 

“unclaimed” and “unable to forward” on the envelope.14 A Responsible Party Notification letter 

notifies the RP that a claim was presented to the National Pollution Funds Center (NPFC)

seeking reimbursement of uncompensated removal costs incurred as a result of response services 

performed that resulted from a vessel or facility that was identified as the source of a discharge 

or substantial threat of a discharge of oil to navigable waters of the United States. 

Recovery Operations

The City of Whittier Harbor contracted with local contractors to remove the vehicle from the 

Prince William Sound, a navigable water of the United States. Custom Marine Services LLC 

provided loader operation for the removal of the vehicle from the water.15 Passage Canal 

Services LLC rigged the vehicle up to the loader from the water.16 Lazy Otter Charters, Inc.

provided diving services for recovering the vehicle.17

II. CLAIMANT AND RP:

 Absent limited circumstances, the federal regulations implementing the Oil Pollution Act of 

1990 (OPA)18 require all claims for removal costs or damages must be presented to the 

responsible party before seeking compensation from the NPFC.19

 Harbormaster sent three certified mailings to the RP. The first mailing was on October 

10, 2020, and was returned on November 15, 2020. The second mailing was on November 20, 

2020, and was returned on December 31, 2020. The third mailing was on January 13, 2021, and 

was returned on February 11, 2021.20 Harbormaster also contacted the RP by phone 

seeking the removal costs. The first phone call with the RP took place on February 13, 2021 at 

1:00 pm and the RP said he would call the Harbormaster back. On February 14, 2021 at 2:30 pm,

the Harbormaster spoke with the RP and was told that he will make a payment of $100.00 on 

Friday, February 16, 2021. The Harbormaster called the RP on February 19, 2021 at 9:30 am and 

again at 3:15 pm with no answer from the RP. The Harbormaster’s last call to the RP was on 

February 23, 2021 at 9:15 am with no answer.21

 

13 NPFC RP Notification Letter sent to via United States Postal Service Certified Mail, Tracking 

Number 7018 1830 0002 0523 7766 dated April 19, 2021.

14 NPFC RP Notification Letter, Tracking Number 7018 1830 0002 0523 7766 status “Return to Sender” on June 17, 

2021. 

15 Custom Marine Services LLC Invoice #107350 dated October 9, 2020.

16 Passage Canal Services LLC Invoice #1049 performed work on October 4, 2020.

17 Lazy Otter Charters, Inc. Invoice # 6563 dated October 4, 2020.

18 33 U.S.C. § 2701 et seq.

19 33 CFR 136.103.

20 Optional OSLTF Claim Form signed by on April 2, 2021 and received by the NPFC on April 14, 

2021.

21 Id.

(b) (6) (b) (6) (b) (6) (b) (6) (b) (6)
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III. CLAIMANT AND NPFC:

 When an RP has not settled a claim after 90 days of receipt, a claimant may elect to present its 

claim to the NPFC.22 On April 14, 2021, the NPFC received a claim for uncompensated removal 

costs from the City of Whittier Harbor. The claim included a Witness Statement by 

dated October 6, 2020; Whittier Harbor Police Incident Report #2001558 dated October 4, 2020; 

Ingens DMV Report regarding RP vehicle information dated October 15, 2020; City of Whittier 

Harbor invoices sent by certified mail to the RP dated October 14, 2020, February 28, 2021, and 

March 31, 2021; and a list of invoices sent by certified mail and phone calls to the RP on 

February 13, 2021, February 14, 2021, two calls on February 19, 2021, and a final call on 

February 23, 2021.23 On May 28, 2021, NPFC received documentation from the claimant 

regarding invoices and payment of the contractors, as well as the City of Whittier Harbor 

personnel.24

IV. CLAIMANT AND NPFC:

When an RP denies a claim or has not settled a claim after 90 days of receipt, a Claimant 

may elect to present its claim to the NPFC.25 Claimant presented to the owner and the operator of 

the vehicle. The owner, Mr. , failed to settle the claim within the 90 days provided 

under OPA. On April 14, 2021, the Claimant submitted its claim to the NPFC for $1,987.50. 

The Claimant broke down its claim via the following invoicing/costs:

1. Gilman/Custm Marine Services – inv # 107350 - $375.00

2. Passage Canal Services LLC – inv # 1049 - $150.00

3. Lazy Otter Charters, Inc - inv # 6563 - $712.50

4. Public Services City of Whittier Harbor - $750.00

Total claimed costs: $1,987.5026

V. DETERMINATION PROCESS:

 The NPFC utilizes an informal process when adjudicating claims against the Oil Spill 

Liability Trust Fund (OSLTF).27 As a result, 5 U.S.C. § 555(e) requires the NPFC to provide a 

brief statement explaining its decision. This determination is issued to satisfy that requirement.

 When adjudicating claims against the OSLTF, the NPFC acts as the finder of fact. In this 

role, the NPFC considers all relevant evidence, including evidence provided by claimants and 

evidence obtained independently by the NPFC, and weighs its probative value when determining 

 

22 33 CFR 136.103.

23 OLTF Optional Claim Form signed by on April 2, 2021 and received by the NPFC on April 14, 

2021. 

24 email to NPFC providing additional information regarding the claim dated May 28, 2021.

25 33 U.S.C. § 2713(a-c).

26 City of Whittier Harbor claim submission received April 14, 2021.

27 33 CFR Part 136.

(b) (6) (b) (6) (b) (6) (b) (6)
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the facts of the claim.28 The NPFC may rely upon, is not bound by the findings of fact, opinions, 

or conclusions reached by other entities.29 If there is conflicting evidence in the record, the 

NPFC makes a determination as to what evidence is more credible or deserves greater weight, 

and makes its determination based on the preponderance of the credible evidence.

VI. DISCUSSION: 

 An RP is liable for all removal costs and damages resulting from either an oil discharge or a 

substantial threat of oil discharge into a navigable water of the United States.30 An RP’s liability 

is strict, joint, and several.31 When enacting OPA, Congress “explicitly recognized that the 

existing federal and states laws provided inadequate cleanup and damage remedies, required 

large taxpayer subsidies for costly cleanup activities and presented substantial burdens to 

victim’s recoveries such as legal defenses, corporate forms, and burdens of proof unfairly 

favoring those responsible for the spills.”32 OPA was intended to cure these deficiencies in the 

law. 

 OPA provides a mechanism for compensating parties who have incurred removal costs where 

the responsible party has failed to do so. 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.”33 The term “remove” or “removal” means “containment and removal of oil [...] from 

water and shorelines or the taking of other actions as may be necessary to minimize or mitigate 

damage to the public health or welfare, including, but not limited to fish, shellfish, wildlife, and 

public and private property, shorelines, and beaches.”34

 The NPFC is authorized to pay claims for uncompensated removal costs that are consistent 

with the National Contingency Plan (NCP).35 The NPFC has promulgated a comprehensive set of 

regulations governing the presentment, filing, processing, settling, and adjudicating such 

claims.36 The claimant bears the burden of providing all evidence, information, and 

documentation deemed relevant and necessary by the Director of the NPFC, to support and 

properly process the claim.37

 

28 See, e.g., Boquet Oyster House, Inc. v. United States, 74 ERC 2004, 2011 WL 5187292, (E.D. La. 2011), “[T]he 

Fifth Circuit specifically recognized that an agency has discretion to credit one expert's report over another when 

experts express conflicting views.” (Citing, Medina County v. Surface Transp. Bd., 602 F.3d 687, 699 (5th Cir. 

2010)).

29 See, e.g., Use of Reports of Marine Casualty in Claims Process by National Pollution Funds Center, 71 Fed. Reg. 

60553 (October 13, 2006) and Use of Reports of Marine Casualty in Claims Process by National Pollution Funds 

Center 72 Fed. Reg. 17574 (concluding that NPFC may consider marine casualty reports but is not bound by them).

30 33 U.S.C. § 2702(a).

31 See, H.R. Rep. No 101-653, at 102 (1990), reprinted in 1990 U.S.C.C.A.N. 779, 780.

32 Apex Oil Co., Inc. v United States, 208 F. Supp. 2d 642, 651-52 (E.D. La. 2002) (citing S. Rep. No. 101-94 

(1989), reprinted in 1990 U.S.C.C.A.N. 722).

33 33 U.S.C. § 2701(31).

34 33 U.S.C. § 2701(30).

35 See generally, 33 U.S.C. §2712 (a) (4); 33 U.S.C. § 2713; and 33 CFR Part 136.

36 33 CFR Part 136.

37 33 CFR 136.105.
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 Before reimbursement can be authorized for uncompensated removal costs, the claimant must 

demonstrate by a preponderance of the evidence:

(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 directed by the FOSC or determined by the FOSC to be 

consistent with the National Contingency Plan.

(d) That the removal costs were uncompensated and reasonable.38

Upon review and adjudication of the claim submission, the NPFC made a request for 

additional information to the City of Whittier in support of its claim.

39

 The NPFC requested the 

following information:

1. Please provide a copy of the City of Whittier’s salary schedule demonstrating the 

hourly rate claimed for the Harbormaster. If there is no published salary schedule 

to support the rate charged, please provide actual payroll records that support the 

amount claimed;

2. Please provide a copy of the City of Whittie Police Department salary schedule 

that supports the hourly rates claimed for Officer and Chief 

;

3. Please provide the invoices from Lazy Otter Charters, Whittier Commercial 

Marine Services, and Passage Canal & Co for the services provided by each 

company for this incident and claimed by the City of Whittier. Additionally, 

please provide any contracts/service agreements/rate schedules for the rates 

charged by each and proof of payment from the City of Whittier to each company;

4. Please provide a copy of any and all daily field logs associated with the personnel, 

materials and equipment charged and claimed; and

5. Please provide a copy of disposal documentation related to the removal of any 

spilled materials (if applicable) along with the disposal invoicing, disposal 

manifests and proof of payment for disposal of contaminated materials.

On May 28, 2021, Mr. responded to the NPFC’s request for additional information and 

provided all requested information. Upon further review and adjudication, the NPFC has 

determined that all supporting documentation for the costs claimed support the amounts 

requested and the actions were coordinated with the FOSCR40 The NPFC has further 

determined that the costs were invoiced in accordance with the pricing matrix for each cost 

claimed.

VI. CONCLUSION:

 Based on a comprehensive review of the record, the applicable law and regulations, and for 

the reasons outlined above, City of Whittier Harbor’s request for uncompensated removal costs 

is approved in the amount of $1,987.50.

 

38 33 CFR 136.203; 33 CFR 136.205.

39 NPFC email request for additional information dated April 29, 2021.

40 USCG Pollution Responder Witness Statement of MST3 dated October 6, 2020.

(b) (6) (b) (6) (b) (6)