CLAIM SUMMARY / DETERMINATION FORM 

Date : 11/09/2009 

Claim Number : 910027-001

Claimant : Environmental Products and Services of Linden, NJ 

Type of Claimant : Corporate 

Type of Claim : Removal Costs 

Claim Manager : 

Amount Requested : $50,000.00 

FACTS: 

1. Oil Spill Incident: The New Jersey Department of Environmental Protection, Bureau of 

Emergency Response (NJ DEP BER) reports that on March 8, 2009, a three-tractor fire at 

the Delaware Truck Stop in Knowlton, Warren County caused the release of diesel fuel 

into an unpaved parking lot, onto the roadway and into a storm drain system.1 

Approximately 300 gallons of diesel fuel discharged into a storm drain that fed to a creek 

that led to the Delaware River, a navigable waterway of the US. 2 This incident was 

reported to the National Response Center by NJ DEP BER representative 

 on March 8, 2009.3

Mr. responded to the scene of the fire, along with the 

 Fire Departments and the NJ State Police Arson Investigation 

Unit. The NJ DEP BER contacted Environmental Products and Services of Linden, New 

Jersey (EPS) for removal operations. 

The Potential Responsible Parties (PRP) in this incident have been determined, through 

an investigation by the New Jersey State Police Arson and Bomb Unit (NJSP)4to be Mr. 

, of Adria Trucking Company, Inc. (ATCI). 

Mr was the initial owner of ATCI, but had transferred ownership over to his 

fiancé, Ms. though he portrayed himself as an owner during the initial 

investigations. At the outset, ATCI filed a claim with their insurance company, Canal 

Insurance, but Canal refused to pay out the policy proceeds due to non-cooperation on the 

part of ATCI. Additionally, Canal denied responsibility to the State of New Jersey for 

coverage under MCS-90, as the fire incident did not arise out of negligence, but rather the 

intentional acts of arson and vandalism.5

 Both Canal Insurance and the NJSP were 

unable to move forward with their cases, which included meeting with the suspected 

PRPs and their lawyers, because both Mr departed the 

country in June/July, 2009. The investigation, however, is still open and the NJSP are 

attempting to charge these two individuals.6 

2. Description of removal actions performed: The claimant, EPS, was hired to recover all 

contained free product, to deploy additional containment materials within the storm drain 

 

1

See, NJ DEP BER Investigation Report # 09-03-08-0502-55, opened on 3/13/2009 and Claim submission forms, 

submitted by Environmental Products and Services of Linden, New Jersey to the NPFC on 10/14/2009 

2

 See, NJ DEP BER Investigation Report # 09-03-08-0502-55, opened on 3/13/2009 

3

 See, NRC Report # 899361, opened on 3/08/2009. 

4

 See, email from Det. , NPFC, dated 11/06/2009. 

5

 See, email from Mr. , NPFC, dated 11/02/2009. 

6

 See, email from Det. , NPFC, dated 11/06/2009. 
system, to remove all grossly contaminated soils at the parking lot location, to 

containerize all generated waste into roll-off boxes and to dispose of all waste generated 

during cleanup activities.7

Upon arrival to the spill site, EPS utilized sorbent material to pad up the fuel in the

parking lot, bagging it for disposal. Speedy dry was spread on the roadway surface 

where the fuel entered the storm drain. A bobcat was used to scrape the affected area of 

contaminated stone and soil, which was loaded into rolloffs for disposal. Filter fences 

were constructed in the creek to contain the fuel. The Knowlton Fire Department did a 

massive flush of the storm drains affected, and a vacuum truck was used to collect the 

3200 gallons of oil-contaminated water for removal. A total of three rolloffs of oil 

contaminated soil, stone and debris were generated and removed from the site from 

March 8 – March 9, 2009.

On March 25, 2009, the crew returned to the spill site to inspect the creek and remove all 

the oil-contaminated debris and drum for disposal. The creek was inspected and no 

visible sign of additional oil was present. The boom was removed, along with a total of 

four drums of oil-contaminated debris.8

3. The Claim: On September 15, 2009, Environmental Products and Services of Linden, NJ

submitted a removal cost claim to the National Pollution Funds Center (NPFC), for 

reimbursement of removal costs in the amount of $50,000.00 for the services provided 

March 8 through March 9, 2009 and on March 25, 2009. This claim is for removal costs 

based on the rate schedule in place at the time services were provided. A copy of the 

vendor rate schedule is provided in the claim submission.

This claim consists of copies of the invoicing and associated dailies, a copy of EPS 

contracted rate schedule, copies of the Disposal of Non-Hazardous Waste Manifests, a 

copy of the EPS Emergency Response Incident Report, a copy of the New Jersey 

Department of Environmental Protection BER Investigation Report # 09-03-08-0502-55, 

a copy of Canal Insurance Company Declination of Coverage for Claim # L453089, 

photographs and internal email correspondence. 

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: 

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).

 

7

See, NJ DEP BER Investigation Report # 09-03-08-0502-55, opened on 3/13/2009

8

See EPS Emergency Response Incident Report, submitted with the claim on 10/14/2009
"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. The FOSC coordination has been established via NJ DEP BER Report # # 09-03-08-0502-

55.

9

2. The incident involved the report of a 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.

5. Responsible Party was found, but was unable to provide contact due to the nature of the ongoing investigation.

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

claim and determined that all 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 Claims Manager confirmed that the claimant did in fact perform a site assessment with 

NJ DEP BER OSC on March 8, 2009. The Claims Manager validated the costs incurred and 

determined they were reasonable and necessary and performed in accordance with the 

National Contingency Plan (NCP).

The Claims Manager hereby determines that, while the claimant claims to have incurred 

removal costs of $50,000.00, the invoicing provided in the claim submission only supports 

uncompensated removal costs of $49,737.90. On that basis, $49,737.90 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 #910027-001. The claimant states that all 

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

from March 8 to March 9, 2009 and March 25, 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 $49,737.90 as full compensation for 

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

claim 910027-001. 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 Claimant.

 

9

See, NJ DEP BER Investigation Report # 09-03-08-0502-55, opened on 3/13/2009
AMOUNT: $49,737.90

Claim Supervisor: 

Date of Supervisor’s review: 11/10/09

Supervisor Action: Approved 

Supervisor’s Comments: