5890 October 09, 2013

Transcription

1 U.S. Department o~~~ Homeland Security ~ "'!!!: United States Coast Guard Director National Pollution Funds Center 4200 Wilson Blvd Stop 7100 Arlington VA Staff Symbol: Ca Toll-Free: Fax: ARL-PF NPFCCLAIMSINFO@uscg.mil VIA October 09, 2013 State of Connecticut Department of Energy & Environmental Protection ATTN: 79 Elm Street Hartford, CT RE: Dear Mr. The National Pollution Funds Center (NPFC), in accordance with the Oil Pollution Act (OPA) (33 U.S.C et seq.), has determined that $ 10, is full compensation for OPA claim number This determination is based on an analysis of the information submitted. Please see the attached determination for further details regarding the rationale for this decision. If you accept this determination, please sign the enclosed Acceptance I Release Agreement where indicated and return to the above address. If we do not receive the signed original Acceptance I Release Agreement within 60 days of the date of this letter, the determination is void. If the determination is accepted, an original signature and a valid tax identification number (EIN or SSN) are required for payment. If you are a Claimant that has submitted other claims to the National Pollution Funds Center, you are required to have a valid Contractor Registration record prior to payment. If you do not, you may register free of charge at Your payment will be mailed or electronically deposited in your account within 60 days of receipt of the Release Agreement. If you have any questions or would like to discuss the matter, you may contact me by phone at or at Sincerely, Claims Manager U.S. Coast Guard By direction Claim Summary I Determination Acceptance I Release Agreement

2 CLAIM SUMMARY I DETERMINATION Claim Number: Claimant: Type of Claimant: Type of Claim: Claim Manager: Amount Requested: 9 I I State of Connecticut, Department of Energy & Environmental Protection State Removal Costs $ 10, FACTS: Oil Spill Incident: On November I, 2012, the State of Connecticut Department of Energy & Environmental Protection (DEEP) responded to 64 Compo Beach Road in Westport, CT for the reported discharge of ISO gallons of Number 2 Fuel Oil into Compo Beach Marina. Compo Beach Marina is a tributary to Long Island Sound, a navigable waterway of the United States. Responsible Party: DEEP determined that the spill was a result of storm water runoff from the flooding resulting from Tropical Storm Sandy and was unable to determine a responsible party for this incident. Description of Removal Activities: On November I, 20 12, DEEP retained the services of McVac Environmental Services. McYac personnel deployed absorbent boom and pads to contain the o il and used a super vac to remove accessible pockets of oil from Long Island Sound. The following day, McVac personnel responded back to the scene and cleaned affected sea grass and changed out boom as needed. The boom remained on-site unti l November 5, at which point it was removed. United Oil Recovery completed analytical laboratory reports for three samples' that show no detectable Polychlornated Bipphenyls (PCBs) were present. Disposal of all liqu id and solid waste was transported to Un ited Industrial Services on ovember 2, 5-6, The Claim: On September 18, 201 3, DEEP presented a removal cost claim to the National Pollution Funds Center (NPFC) for reimbursement of their uncompensated removal costs in the amount of$ I 0, APPLICABLE LAW: "Oil" is defined in relevant part. at 33 USC 270 I (23). to mean "ail of any kind or in any form, includ ing petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil". The Oil Spi ll Liabi lity Trust Fund (OSL TF), which is administered by the NPFC, is ava ilable. pursuant to 33 USC 27 12(a)(4) and 2713 and the OSL TF claims adj udication regulations at 33 1 Sample #Sl l , #S II , and #S I I I) Manifest #MCV2595 dtd November 2, for I drum of solid waste. 2) Manifest #MCY2596 dtd November 5, 2012 for 3 10 gallons of oily water. 3) Manifest #MCY2840 dtd November 6, 2012 for I drum of solid waste. 4) Manifest #MCY2633 dtd November 5, 2012 for 1.03 tons of solid waste. 3 USCG NPFC Optional OSL TF Claim Fom1 dated September 5,

3 CFR Par1 136, to pay c laims 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 o il, the costs to prevent, minimize, or mitigate o il pollution from an incident". Under 33 USC 2713(b)(2) and 33 CFR (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 c laim. See also, 33 USC 27 13( c) and 33 CFR ( c )(2) [cla imant election]. 33 U.S.C. 2713(d) provides that ' If a c laim is presented in accordance with this section, including a claim for interim, short-tenn damages representing less than the full amount of damages to which the c laimant ultimately may be entitled, and full and adequate compensation is unavailable, a c laim for the uncompensated damages and removal costs may be presented to the Fund.'' Under 33 CFR OS( a) and OS(e)(6), the claimant bears the burden of providing to the NPFC, a ll evidence, information, and documentation deemed necessary by the Director, N PFC, to support the claim. Under 33 CFR OS(b) each claim must be in writing, for a sum cer1ain 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 N PFC has the authority and responsibility to perform a reasonableness determination. Specifically, under 33 CFR , "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 w ith the National Contingency Plan or were directed by the FOSC." Under 33 CFR "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 w ith the FOSC.'' [Emphasis added]. DETERMINA TION OF LOSS: A. Overview: I. The N PFC has determined that the actions under1aken by the c laimant are deemed consistent with the NCP. This determination is made in accordance with the Delegation of Authority for Determination of Consistency with the NCP for the payment of uncompensated removal cost c laims and is consistent with the provisions of sectio ns 1002(b)(l)(B) and 101 2(a)(4) of OPA, 33 U.S.C. 2702(b)(I)(B) and 2712(a)(4). 2. The inc ident involved the di scharge of 'o il " as de fined in OPA 90, 33 U.S.C. 270 I to 'navigable waters." 3. In accordance with 33 CFR 136. I OS( e)( 12), the claimant has certified no suit has been filed in cour1 for the claimed costs. 3

4 4. In accordance with33 U.S.C. 27 I 2(h)( I), the claim was submitted within the six year statute of I imitations for removal costs. 5. The NPFC C laims Manager thoroughly revie wed all documentation submitted w ith the claim and determined what costs presented were for actions in accordance with the NCP and that the costs for these actions were reasonable and allowable under OPA and 33 CFR B. Analysis: N PFC CA reviewed the actual cost invoices and dailies to confirm that the claimant had incurred all costs c laimed. The review focused on: ( I) whether the actions taken were compensable ' removal actions" under OPA and the c lai ms regulations at 33 C FR 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. All costs were validated, product was determined to be oil by way of lab analysis, and the NPFC has determined the costs were reasonable, necessary and performed in accordance with the Nationa l Contingency Plan (NCP). The costs billed were billed in accordance w ith the published rate schedule at the time services were rendered. On that basis, the C laims Manager herby determines that the C laimant did in fact incur $ 10, of uncompensated removal costs and that amount is payable by the OSL TF as full compensation for the reimbursable removal costs incurred by the Claimant and s ubmitted to the N PFC under claim #9 I I. The Claimant states that a ll costs claimed are for uncompensated removal costs incurred by the Claimant for this incident beginning on November I, The C laimant represents that a ll costs paid by the C laimant are compensable removal costs, payable by the OSL TF as presented by the C laimant. C. Determined Amount: The N PFC hereby determines that the OSL TF will pay $ 10, as full compensation for the reimbursable removal costs incurted by the C laimant and submitted to the N PFC under c laim #9 I I. All costs claimed are for charges paid for by the C laimant for removal actions as that term is defi ned in OPA and, are compensable removal costs, payable by the OSL TF as presented by the Claimants. AMOUNT: 10, Date of Supervisor's review: 10/9/13 Supervisor Actio n: Approved Supervisor's Comments: 4

5 ACCEPTANCE I RELEASE AGREEMENT I Claim Number: I Claimant Name: State of Connecticut I, the undersigned, ACCEPT this settlement offer of $ 10, as full and final compensation for removal costs arising rrom the specific claim number identified above. With my signature, I also acknowledge that I accept as final agency action all costs submitted with subject claim that were denied in the determination and for wh ich I received no compensation. This settlement represents full and final release and satisfaction of the amounts paid rrom the Oil Spill Liability Trust Fund under the Oil Pollution Act of 1990 for this claim. I hereby assign, transfer, and subrogate to the United States all rights, claims, interest and rights of action, that I may have against any party, person, firm or corporation that may be liable for the amounts paid for which I have been compensated under this claim. I authorize the United States to sue, compromise or settle in my name and the United States fully substituted for me and subrogated to all of my rights arising rrom and associated with those amounts paid for which I am compensated for with this settlement offer. I warrant that no legal action has been brought regarding this matter and no settlement has been or will be made by me or any person on my behalf with any other party for amounts paid which is the subject of this claim against the Oi l Spill Liability Trust Fund (Fund). This settlement is not an admission of liability by any party. With my signature, I acknowledge that I accept as final agency action all amounts paid for this claim and amounts denied in the determ ination for wh ich I received no compensation. I, the undersigned, agree that, upon acceptance of any compensation rrom the Fund, I will cooperate fully with the Un ited States in any claim and/or action by the United States against any person or party to recover the compensation. The cooperation shall include, but is not limited to, immediately reimbursing the Fund for any compensation received from any other source for those amounts paid for which the Fund has provided compensation, by providing any documentation, evidence, testimony, and other support, as may be necessary for the United States to recover rrom any other person or party. I, the undersigned, certify that to the best of my knowledge and belief the infom1ation contained in this claim represents all material facts and is true. I understand that misrepresentation of facts is subject to prosecution under federal law (incl uding, but not limited to I 8 U.S. C. 287 and I 00 I). Title of Person Signing Date of Signature Printed Name of Claimant or Authorized Re resentative Si nature Title of Witness Date of Signature Printed Name of Witness Signature * DUNS/EIN/SSN *Required for Payment Bank Routing Number Bank Account Number 5