CLAIM SUMMARY / DETERMINATION FORM

Date : 6/8/2011 

Claim Number : 911091-0001 

Claimant : Massachusetts Department of Environmental Protection

Type of Claimant : State

Type of Claim : Public Services

Claim Manager : 

Amount Requested : $15,910.50 

FACTS: 

Oil spill Incident: On July 10, 2010, Coast Guard Station Menemsha’s boathouse caught 

fire and resulted in the damage of several nearby vessels. To date, the USCG reports that 

there are no known RP’s for the incident. The fuel and oil contained within the vessels’ 

tanks posed a substantial threat of discharge. The USCG confirmed that during the initial 

response efforts, containment boom from the Claimant’s response trailers was deployed 

to surround the area of the pier and the damaged vessels.

The USCG confirmed in a written statement that they were aware the boom was deployed 

and that the deployment was required by the Federal On Scene Coordinator’s 

Representative (FOSCR). The USCG further confirmed that they would have taken the 

same action had they had to use response materials.

The Claim: On June 3, 2011, Massachusetts Department of Environmental Protection 

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

for reimbursement of their uncompensated removal costs in the amount of $15,910.50. 

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: 

"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. FOSC coordination has been provided by MSTC of Sector Southeastern 

New England.

2. The incident involved the substantial threat of discharge of “oil” as defined in OPA 

90, 33 USC § 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 costs. 

4. The claim was submitted on time.

5. The NPFC Claims Manager has thoroughly reviewed all documentation submitted 

with the claim. The NPFC worked with the claimant and provided some guidance 

with respect to the documentation presented. The Claims Manager has spoken with 
the FOSCR, MSTC , and has confirmed all actions and activities 

performed were at the USCG’s direction and oversight. 

B. Determined Amount: 

The NPFC herby determines that the OSLTF will pay $15,910.50 as full compensation 

for the reimbursable costs incurred by the claimant and submitted to the NPFC under 

claim# 911091-0001. All costs deemed compensable are for charges incurred while 

being retained by the USCG and, are compensable removal and public service costs, 

payable by the OSLTF as presented by the claimant.

AMOUNT: $15,910.50

Claim Supervisor: 

Date of Supervisor’s review: 6/8/11 

Supervisor Action: Approved 

Supervisor’s Comments: