CLAIM SUMMARY / DETERMINATION FORM 

Date : 6/10/2009 

Claim Number : 909085-001

Claimant : State of Texas 

Type of Claimant : State 

Type of Claim : Removal Costs 

Claim Manager : 

Amount Requested : $8,111.07

FACTS: 

1. Oil Spill Incident: On October 23, 2008 an oil spill was discovered in the Taylor 

Bayou Turning Basin in Jefferson County, Texas. The Taylor Bayou Turning Basin is a 

navigable waterway of the United States. The State on Scene Coordinator (SOSC), 

of the Texas General Land Office (TGLO), responded and discovered 32 

gallons of oil in the Texas coastal waters. The source of the spill was determined to be 

the fishing vessel Hannah Leigh. The Hannah Leigh had been pushed ashore by 

Hurricane Ike and was in derelict condition. The SOSC coordinated with LTJG 

the Federal on Scene Coordinator Representative (FOSCR), who authorized the 

state to take the lead for the response. 

The SOSC hired Triangle Waste Solutions (Triangle) for immediate response and 

cleanup of the spill. The Claimant monitored their cleanup efforts. According to the 

signed Texas General Land Office (TGLO) Memorandum, TGLO ensured that the 

cleanup and disposal were consistent with the National Contingency Plan. 

Claimant did not attempt to collect administrative penalties or response costs from the 

owner of the vessel. 

2. The Claim: On April 29, 2009, the Claimant submitted a removal cost claim in the 

amount of $8,111.07 to the National Pollution Funds Center (NPFC) for reimbursement 

for their uncompensated State response costs. The claim consists of the incident billing 

summary, invoices, dailies, proof of payment, and photographs taken at the incident site. 

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).

"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 was provided by LTJG of Marine Safety Unit Port 

Arthur, Texas. 
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 on time. 

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 costs for these actions were indeed reasonable and allowable 

under OPA and 33 CFR § 136.205 as set forth below. 

B. Determined Amount: 

The Claims Manager’s review of the cost documentation has determined that the 

Claimant will be compensated for removal costs based on the contracted rate schedule of 

the response company which was provided by the claimant with the claim submission. 

In reviewing Triangle’s Job Ticket #7159 for 10/27/08; a 70bbl vac truck with operator 

was billed out at $65.00 per hour although the rate schedule provided shows a rate of 

$55.00 per hour to be charged therefore the NPFC is adjusting the amount payable to 

$55.00 per hour for a total denied amount of $30.00. A fuel surcharge of $40.95 is 

charged on this ticket as well which is based on 21% of the total vac truck charge of 

$195.00. The NPFC is subsequently reducing the fuel surcharge to $34.65 which is 21% 

of the total amount approved by the NPFC which is $165.00 and 21% of that number is 

$34.65 giving a total denied amount for fuel surcharge of $6.30.

Lastly, Triangle billed $65.00 for a new DOT drum on ticket #7557. The field daily log 

provided shows the drum as ‘used’ and the rate schedule states the price for a ‘used’ DOT 

drum is $50.00 each therefore the NPFC denies the $15.00 overcharge for the new drum. 

 

Based on the NPFC’s denial of $51.30, the NPFC determines that the OSLTF will pay 

$8,059.77 as full compensation for the reimbursable removal costs incurred by the 

Claimant and submitted to the NPFC under claim# 909085-001.

AMOUNT: $8,059.77

Claim Supervisor:

Date of Supervisor’s review: 6/15/09

Supervisor Action: Approved 

Supervisor’s Comments: