Removal Cost Claims

Claims for removal costs are the costs of removal incurred after a discharge of oil has occurred; or, when there is a substantial threat of a discharge of oil. Specifically, removal costs are the costs of actions to prevent, minimize, or mitigate the effects of the oil pollution that resulted from an oil spill incident.

General Claim Requirements

A claim for removal costs can be submitted by any claimant. When preparing the claim for submission to the Oil Spill Liability Trust Fund (OSLTF or Fund), the claimant bears the burden of providing all evidence, information, and documentation deemed relevant and necessary by the Director of the CG National Pollution Funds Center (NPFC), to support and properly process the claim. At a minimum, the claimant will be required to:

• Prove that the damage costs associated with the claim meet the criteria for a claim as established within the Oil Pollution Act of 1990 (OPA) as detailed below.
• The substance associated with the response was oil;
• That there was a discharge of oil or substantial threat of discharge of oil;
• The discharge or substantial threat of oil discharge impacted a navigable waterway of the United States; and
• The discharge or substantial threat of discharge of oil originated from a vessel or facility.
• Prove that the removal actions were reasonable and determined by the Federal On-Scene Coordinator (FOSC) to be consistent with the National Contingency Plan or directed by the FOSC.
• Prove that the removal actions were necessary to prevent, minimize, or mitigate the effects of the incident. Additionally, that the uncompensated pollution removal costs were incurred as a result of these actions.
• Prove that you first presented your uncompensated pollution removal costs to the responsible party (RP), unless:
• The NPFC has advertised for claims specific to the incident subject to your claim;
• You are the Governor of a State, and your removal costs are for costs incurred by the State;
• You are a responsible party asserting a claim under the OPA;
• You are a U.S. claimant in a case where a foreign offshore unit has discharged oil; or
• A responsible party was never identified for the incident that is the subject of your claim and the incident was determined to be a mystery spill by the Federal On-Scene Coordinator
• Submit your signed claim in writing with a sum certain (total claimed costs) for compensation resulting from the incident.
• Submit the claim within six years after the date of completion of all removal actions for the incident. Specifically, the actual date of completion of all removal actions for the incident or the date the FOSC determines that the removal actions which form the basis of the claim is completed, whichever is earlier.

Examples of Removal Cost Claims

Oil Spill Response Organization (OSRO) Claim

You were contracted to respond to an oil spill incident and perform oil spill response activities and were not compensated for the response actions performed. In that event, you may elect to commence an action in court against the RP or you may present a removal cost claim to the Fund after proper presentment of your uncompensated pollution removal costs to the RP has been made. Proper presentment is achieved when your claim is not settled within 90 days after the date upon which the claim was submitted to the RP for payment or if the RP denies all liability for the claim. Once proper presentment of your uncompensated pollution removal costs has been satisfied, you may submit your removal cost claim to the Fund.

State Agency Claim

You are a State agency that responded to an oil spill incident to conduct regulatory oversight of the oil spill response. At the conclusion of the response, you may submit your removal cost claim directly to the Fund and by-pass submitting your claim to the RP as States are exempt from making RP presentment of their uncompensated pollution removal costs.

Individual Personal Claim

You own waterfront property where your boat and dock were oiled following an oil spill incident. You notified the CG National Response Center after discovering the incident and discussed your situation with the FOSC overseeing the oil spill response activities. Following that discussion, you hired a local OSRO to remove the oil from your boat and dock. Once complete, you may elect to commence an action in court against the RP or you may present a removal cost claim to the Fund after proper presentment of your uncompensated pollution removal costs to the RP has been made. Proper presentment is achieved when your claim is not settled within 90 days after the date upon which the claim was submitted to the RP for payment or if the RP denies all liability for the claim. Once proper presentment of your claim has been satisfied, you may submit your removal cost claim to the Fund. In the alternative and when lacking a RP (e.g., the incident was determined to be a mystery spill by the FOSC), you may come directly into the Fund with your removal cost claim. Note – the OSRO costs subject to your claim must have been paid to your OSRO prior to submitting your claim to the Fund.

Examples of Supporting Documentation

You must provide evidence that supports your claim and can use whatever documentation you believe best supports your claim. Listed below are examples of documentation typically submitted in support removal cost claims:

• Photographs or videos of the incident and the response actions.
• Reports from local, State, or Federal agencies overseeing the incident.
• Analysis of the oil that is the subject of the incident on which you based your claim submission.
• Report or statement from the FOSC attesting:
• That your response activities were consistent with the National Contingency Plan or directed by the FOSC;
• That your level of effort in responding to the oil spill was reasonable and necessary to prevent, minimize, or mitigate the effects of the incident; and
• The date the FOSC considered all pollution removal activities complete.
• Contractor and subcontractor rate schedules, invoices, and receipts.
• Proof of payment (copies of cancelled checks or affidavits) indicating the date and the amount you paid each contractor and subcontractor.
• Contractor and subcontractor daily logs that include:
• The names of personnel, labor categories/titles, hours worked, dates worked, and personnel rates;
• Equipment used, equipment rates, and hours/dates used; and
• Summary of work accomplished each day.
• Disposal manifests provided by the disposal facility.
• Disposal facility’s invoice with proof of payment.
• Affidavits or witness statements attesting to the incident and your response to the incident.
• Any additional documentation that you feel supports your claim.

How to Submit Your Claim

1. Develop a claim submission that meets the general requirements for a claim found in 33 CFR 136.105 or complete the Optional Claims form that describes your claim
2. Attach supporting documentation, such as those listed above.
3. Submit your removal claim submission electronically to the NPFC Claims Division at hqs-smb-npfc-claimsinfo@uscg.mil. Please note, the NPFC’s email server will only accept email attachments up to 8MB in size and any attachments larger than 8MB will be rejected by the NPFC’s mail server. As such, the NPFC recommends claimants request a drop-off for any supporting claim documents in excess of 8MB within their claim submission email to the NPFC. Upon receipt of your electronic claim submission and email request to drop-off additional documents, the NPFC will send you a link to the DoD SAFE server that will allow you to upload your additional documents using the NPFC’s Claims Division email account hqs-smb-npfc-claimsinfo@uscg.mil as the recipient of your documents

In the alternative, you can mail your claim submission with supporting documentation via US Postal Service or other mail service carriers to the following address:

ATTN: CLAIMS ADJUDICATION
CG NATIONAL POLLUTION FUNDS CENTER
US COAST GUARD STOP 7605
2703 MARTIN LUTHUR KING JR AVE SE
WASHINGTON DC 20593-7605

Note – all mail intended for the NPFC is screened before delivery to our office. In the past, the irradiation methods employed during screening have destroyed CDs and thumb-drives mailed to the NPFC in support of claim submissions. As such, the NPFC Claims Division may ask you to provide your information electronically via the DoD SAFE site if the CDs/thumb drives provided in support of your claim submission are damaged during the screening process.

Questions?

The NPFC maintains a toll-free number that’s monitored Monday – Friday from 7:00 a.m. to 4 p.m. EST. The toll-free number is 1-800-280-7118. You can also email the NPFC Claims Division at hqs-smb-npfc-claimsinfo@uscg.mil. Calls or emails placed to the NPFC Claims Division after normal working hours, or on Holidays/weekends, will be responded to on the next business day.

Disclaimer

The summary information contained within this document is intended to assist claimants in the preparation of their claim and not as the sole source of information regarding the OPA or claims regulations. Instead, claimants should review and then rely upon the OPA located at https://uscode.house.gov/view.xhtml?path=/prelim@title33/chapter40&edition=prelim and implementing regulations located at https://www.ecfr.gov/current/title-33/chapter-I/subchapter-M/part-136 for information definitive to their claim and claim submission.

Real or Personal Property Damage Claims

Claims for real or personal property damage originate from the injury to, or economic losses resulting from destruction of, real or personal property, which shall be recoverable by a claimant who owns or leases the property. There are two types of property damage that include:

• Real property damage is injury to or economic losses resulting from destruction of land or buildings.
• Personal property damage is injury to or economic losses resulting from damages to other types property you own or lease besides real property.

General Claim Requirements

A claim for real or personal property damage may only be submitted by a person either owning or leasing the property at the time of the damage. When preparing the claim for submission to the Oil Spill Liability Trust Fund (OSLTF or Fund), the claimant bears the burden of providing all evidence, information, and documentation deemed relevant and necessary by the Director of the CG National Pollution Funds Center (NPFC), to support and properly process the claim. At a minimum, the claimant will be required to:

• Prove that the damage costs associated with the claim meet the criteria for a claim as established within the Oil Pollution Act of 1990 (OPA) as detailed below.
• The substance associated with the response was oil;
• That there was a discharge of oil or substantial threat of discharge of oil;
• The discharge or substantial threat of oil discharge impacted a navigable waterway of the United States; and
• The discharge or substantial threat of discharge of oil originated from a vessel or facility.
• Prove that the property was injured or destroyed as a result of the oil spill.
• Prove that you owned or leased the property at the time of the oil spill.
• Show the value of the property both before and after the oil spill.
• Show the cost to repair or replace the property.
• For economic loss, prove that the property was not available for use and, if it had been, the value of that use.
• For economic loss, whether or not substitute property was available and, if used, the costs thereof.
• For economic loss, that the loss was incurred as a result of the injury to or destruction of the property.
• Prove that you first presented your real or personal property damage claim to the responsible party (RP), unless:
• The NPFC has advertised for claims specific to the incident subject to your claim;
• You are a responsible party asserting a claim under the OPA;
• You are a U.S. claimant in a case where a foreign offshore unit has discharged oil; or
• A responsible party was never identified for the incident that is the subject of your claim and the incident was determined to be a mystery spill by the Federal On-Scene Coordinator (FOSC).
• Submit your signed claim in writing with a sum certain (total claimed costs) for compensation resulting from the incident.
• Submit the claim within three years after the date on which the injury and its connection with the discharge in question were reasonably discoverable with the exercise of due care.

Compensation Allowed

The amount of compensation allowable for a property damage claim is the lesser of:

• Actual or estimated net cost of repairs necessary to restore the property to substantially the same condition which existed immediately before the damage;
• The difference between the value of the property before and after the damage; or
• The replacement value.
• Additionally, compensation for economic loss resulting from the destruction of real or personal property may be allowed in the amount equal to the reasonable costs actually incurred for use of substitute commercial property or, if substitute commercial property was not reasonably available, in an amount equal to the net economic loss which resulted from not having use of the property. When substitute commercial property was reasonably available, but not used, allowable compensation for loss of use is limited to the cost of the substitute commercial property, or the property lost, whichever is less. Compensation for loss of use of noncommercial property is not allowable.

Example of a Property Damage Claim

You own a vessel that was oiled following an oil spill incident. In preparation of submitting your claim to the Fund, you obtained repair estimates from local repair facilities to be used in the review of your claim. You also obtained the replacement value of your vessel on the date it was damaged by the oil spill. Lastly, you were able to determine the value of your vessel before and after the oil spill. By providing this information along with other required information (e.g., General Claim requirements and other Supporting Documentation), you may have a property damage claim for the lesser of:

1. the actual or estimated net cost of repairs necessary to restore your vessel to substantially the same condition which existed immediately before the damage;
2. the difference between the value of your vessel before and after the damage; or
3. the replacement cost of your vessel.

Examples of Supporting Documentation

You must provide evidence that supports your claim, and you can use whatever documentation you believe best supports your claim. Listed below are examples of documentation typically submitted in support of real or personal property damage claims:

• Photographs or videos of the incident and the response actions.
• Reports from local, State, or Federal agencies overseeing the incident.
• Analysis of the oil that is the subject of the incident on which you based your claim submission.
• Other documentation to proof that oil was spilled and caused your damage.
• Proof of oil damage to your property.
• Proof of ownership of the Real or Personal Property (e.g., deeds, titles…).
• Property Appraisals (as applicable).
• Lease or rental agreements (as applicable).
• Repair estimates used in the valuation of your property damage.
• Replacement value.
• Value of your property both before the injury and after the injury due to oil.
• Guidelines relied upon for the valuation of your property prior to the oil spill incident.
• Affidavits or witness statements attesting to the incident and your damage from the incident.
• Any additional documentation that you feel supports your claim.

How to Submit Your Claim

1. Develop a claim submission that meets the general requirements for a claim found in 33 CFR 136.105 or complete the Optional Claims form that describes your claim
2. Attach supporting documentation, such as those listed above.
3. Submit your damage claim submission electronically to the NPFC Claims Division at hqs-smb-npfc-claimsinfo@uscg.mil. Please note, the NPFC’s email server will only accept email attachments up to 8MB in size and any attachments larger than 8MB will be rejected by the NPFC’s mail server. As such, the NPFC recommends claimants request a drop-off for any supporting claim documents in excess of 8MB within their claim submission email to the NPFC. Upon receipt of your electronic claim submission and email request to drop-off additional documents, the NPFC will send you a link to the DoD SAFE server that will allow you to upload your additional documents using the NPFC’s Claims Division email account hqs-smb-npfc-claimsinfo@uscg.mil as the recipient of your documents

ATTN: CLAIMS ADJUDICATION
CG NATIONAL POLLUTION FUNDS CENTER
US COAST GUARD STOP 7605
2703 MARTIN LUTHUR KING JR AVE SE
WASHINGTON DC 20593-7605

Note – all mail intended for the NPFC is screened before delivery to our office. In the past, the irradiation methods employed during screening have destroyed CDs and thumb-drives mailed to the NPFC in support of claim submissions. As such, the NPFC Claims Division may ask you to provide your information electronically via the DoD SAFE site if the CDs/thumb drives provided in support of your claim submission are damaged during the screening process.

Questions?

The NPFC maintains a toll-free number that’s monitored Monday – Friday from 7:00 a.m. to 4 p.m. EST. The toll-free number is 1-800-280-7118. You can also email the NPFC Claims Division at hqs-smb-npfc-claimsinfo@uscg.mil. Calls or emails placed to the NPFC Claims Division after normal working hours, or on Holidays/weekends, will be responded to on the next business day.

Disclaimer

The summary information contained within this document is intended to assist claimants in the preparation of their claim and not as the sole source of information regarding the OPA or claims regulations. Instead, claimants should review and then rely upon the OPA located at https://uscode.house.gov/view.xhtml?path=/prelim@title33/chapter40&edition=prelim and implementing regulations located at https://www.ecfr.gov/current/title-33/chapter-I/subchapter-M/part-136 for information definitive to their claim and claim submission.

Government Revenues Damage Claims

Claims for loss of government revenue originate from the damages resulting from the net loss of revenue due to injury, destruction, or loss of real property, personal property, or natural resources. Revenue is defined as taxes, royalties, rents, fees, and net profit shares.

General Claim Requirements

A claim for loss of government revenue can be presented by the Government of the United States, a State, or a political subdivision of a State, who sustained the loss. When preparing the claim for submission to the Oil Spill Liability Trust Fund (OSLTF or Fund), the claimant bears the burden of providing all evidence, information, and documentation deemed relevant and necessary by the Director of the CG National Pollution Funds Center (NPFC), to support and properly process the claim. At a minimum, the claimant will be required to:

• Prove that the damage costs associated with the claim meet the criteria for a claim as established within the Oil Pollution Act of 1990 (OPA) as detailed below.
• The substance associated with the response was oil;
• That there was a discharge of oil or substantial threat of discharge of oil;
• The discharge or substantial threat of oil discharge impacted a navigable waterway of the United States; and
• The discharge or substantial threat of discharge of oil originated from a vessel or facility.
• Prove the identification and description of the economic loss for which compensation is claimed, including the applicable authority, property affected, method of assessment, rate, and method and dates of collection.
• Prove that the loss of revenue was due to the injury to, destruction of, or loss of real or personal property or natural resources.
• Prove the total assessment or revenue collected for comparable revenue periods.
• Prove the net loss of revenue.
• Prove that you first presented your government revenue damages costs to the responsible party (RP), unless:
• The NPFC has advertised for claims specific to the incident subject to your claim;
• You are a U.S. claimant in a case where a foreign offshore unit has discharged oil; or
• A responsible party was never identified for the incident that is the subject of your claim and the incident was determined to be a mystery spill by the Federal On-Scene Coordinator (FOSC).
• Submit your signed claim in writing with a sum certain (total claimed costs) for compensation resulting from the incident.
• Submit the claim within three years after the date on which the injury and its connection with the discharge in question were reasonably discoverable with the exercise of due care.

Compensation Allowed

The amount of compensation allowable is the total net revenue actually lost.

Example of Loss of Government Revenues Damage Claim

Your city collects revenue from street parking adjacent to your public beach. However, an oil spill has impacted your beach, and the beach was closed to the public to facilitate oil spill response activities. In preparation for submitting your claim to the NPFC, you were able to obtain information documenting your applicable authority to collect revenue from the street parking, the property affected, your method of assessment rate, and method and dates of collection. Additionally, you were able to obtain proof that the beach closure (and resulting parking revenue loss) was a direct result of the oil spill. Lastly, you compared your rate of assessment against other comparable revenue periods and were able to determine the actual net loss of revenue. By providing this information along with other required information (e.g., General Claim requirements and other Supporting Documentation), you may have a government revenue damage claim for the government revenues lost during the oil spill incident.

Examples of Supporting Documentation

You must provide evidence that supports your claim, and you can use whatever documentation you believe best supports your claim. Listed below are examples of documentation typically submitted in support of loss of government revenue damage claims:

• Photographs or videos of the incident and the response actions.
• Reports from local, State, or Federal agencies overseeing the incident.
• Analysis of the oil that is the subject of the incident on which you based your claim submission.
• Proof of revenue from the loss year and three previous years, with a focus on the months surrounding the incident.
• Documentation supporting your assessment of loss calculations and actual net revenue loss
• Affidavits or witness statements attesting to the incident and your response to the incident.
• Any additional documentation that you feel supports your claim.

How to Submit Your Claim

1. Develop a claim submission that meets the general requirements for a claim found in 33 CFR 136.105 or complete the Optional Claims form that describes your claim
2. Attach supporting documentation, such as those listed above.
3. Submit your damage claim submission electronically to the NPFC Claims Division at hqs-smb-npfc-claimsinfo@uscg.mil. Please note, the NPFC’s email server will only accept email attachments up to 8MB in size and any attachments larger than 8MB will be rejected by the NPFC’s mail server. As such, the NPFC recommends claimants request a drop-off for any supporting claim documents in excess of 8MB within their claim submission email to the NPFC. Upon receipt of your electronic claim submission and email request to drop-off additional documents, the NPFC will send you a link to the DoD SAFE server that will allow you to upload your additional documents using the NPFC’s Claims Division email account hqs-smb-npfc-claimsinfo@uscg.mil as the recipient of your documents

In the alternative, you can mail your claim submission with supporting documentation via US Postal Service or other mail service carriers to the following address:

ATTN: CLAIMS ADJUDICATION
CG NATIONAL POLLUTION FUNDS CENTER
US COAST GUARD STOP 7605
2703 MARTIN LUTHUR KING JR AVE SE
WASHINGTON DC 20593-7605

Note – all mail intended for the NPFC is screened before delivery to our office. In the past, the irradiation methods employed during screening have destroyed CDs and thumb-drives mailed to the NPFC in support of claim submissions. As such, the NPFC Claims Division may ask you to provide your information electronically via the DoD SAFE site if the CDs/thumb drives provided in support of your claim submission are damaged during the screening process.

Questions?

The NPFC maintains a toll-free number that’s monitored Monday – Friday from 7:00 a.m. to 4 p.m. EST. The toll-free number is 1-800-280-7118. You can also email the NPFC Claims Division at hqs-smb-npfc-claimsinfo@uscg.mil. Calls or emails placed to the NPFC Claims Division after normal working hours, or on Holidays/weekends, will be responded to on the next business day.

Disclaimer

The summary information contained within this document is intended to assist claimants in the preparation of their claim and not as the sole source of information regarding the OPA or claims regulations. Instead, claimants should review and then rely upon the OPA located at https://uscode.house.gov/view.xhtml?path=/prelim@title33/chapter40&edition=prelim and implementing regulations located at https://www.ecfr.gov/current/title-33/chapter-I/subchapter-M/part-136 for information definitive to their claim and claim submission.

Government Public Services Damage Claims

Claims for increased government public services originate from the net costs of providing increased or additional public services during or after removal activities, including protection from fire, safety, or health hazards caused by the discharge of oil.

General Claim Requirements

A claim for increased government public services can only be presented by a State, or a political subdivision of a State, who incurred the costs. When preparing the claim for submission to the Oil Spill Liability Trust Fund (OSLTF or Fund), the claimant bears the burden of providing all evidence, information, and documentation deemed relevant and necessary by the Director of the CG National Pollution Funds Center (NPFC), to support and properly process the claim. At a minimum, the claimant will be required to:

• Prove that the damage costs associated with the claim meet the criteria for a claim as established within the Oil Pollution Act of 1990 (OPA) as detailed below.
• The substance associated with the response was oil;
• That there was a discharge of oil or substantial threat of discharge of oil;
• The discharge or substantial threat of oil discharge impacted a navigable waterway of the United States; and
• The discharge or substantial threat of discharge of oil originated from a vessel or facility.
• Prove the nature of the specific public services provided and the need for those services.
• Prove the public services occurred during or after the removal activities.
• Prove the public services were provided as a result of the discharge of oil and would not have otherwise been provided.
• Prove the net costs of the public service and provide the methods used to compute those costs.
• Prove that you first presented your government public services damage claim to the responsible party (RP), unless:
• The NPFC has advertised for claims specific to the incident subject to your claim;
• You are a responsible party asserting a claim under the OPA;
• You are a U.S. claimant in a case where a foreign offshore unit has discharged oil; or
• A responsible party was never identified for the incident that is the subject of your claim and the incident was determined to be a mystery spill by the Federal On-Scene Coordinator (FOSC).
• Submit your signed claim in writing with a sum certain (total claimed costs) for compensation resulting from the incident.
• Submit the claim within three years after the date on which the injury and its connection with the discharge in question were reasonably discoverable with the exercise of due care.

Compensation Allowed

The amount of compensation allowable is the net cost of the increased or additional service provided by the State or political subdivision of a State.

Example of Increased Government Public Services Damage Claim

You were forced to close your public beach due to an oil spill to allow for oil spill response activities. Your city called in extra police officers who weren't scheduled to work on the date(s) they were called in to provide emergency traffic control in and around the location of the oil spill incident. In preparation for submitting your claim to the NPFC, you were able to obtain information that substantiated the nature of the public services provided and the need for those increased public services. Additionally, you were able to obtain information that confirmed your increased public services occurred during or after the removal activities and were provided as a result of the discharge of oil and would not have otherwise been provided. Lastly, you documented the net costs of your increased public services as well as the methods used to compute those increased net costs. By providing this information along with other required information (e.g., General Claim requirements and other Supporting Documentation), you may have a government public services damage claim for the increased public services provided during the oil spill incident.

Examples of Supporting Documentation

You must provide evidence that supports your claim, and you can use whatever documentation you believe best supports your claim. Listed below are examples of documentation typically submitted in support of increased government public service damage claims:

• Photographs or videos of the incident and the response actions.
• Reports from local, State, or Federal agencies overseeing the incident.
• Analysis of the oil that is the subject of the incident on which you based your claim submission.
• Timesheets for the increased public service personnel, that document work times before, during, and after the incident.
• Payroll records for the increased public service personnel, that document payroll before, during, and after the incident.
• Personnel schedules that demonstrate the normal schedules for the increased public service personnel.
• Affidavits or witness statements attesting to the incident and your response to the incident.
• Any additional documentation that you feel supports your claim.

How to Submit Your Claim

1. Develop a claim submission that meets the general requirements for a claim found in 33 CFR 136.105 or complete the Optional Claims form that describes your claim
2. Attach supporting documentation, such as those listed above.
3. Submit your damage claim submission electronically to the NPFC Claims Division at hqs-smb-npfc-claimsinfo@uscg.mil. Please note, the NPFC’s email server will only accept email attachments up to 8MB in size and any attachments larger than 8MB will be rejected by the NPFC’s mail server. As such, the NPFC recommends claimants request a drop-off for any supporting claim documents in excess of 8MB within their claim submission email to the NPFC. Upon receipt of your electronic claim submission and email request to drop-off additional documents, the NPFC will send you a link to the DoD SAFE server that will allow you to upload your additional documents using the NPFC’s Claims Division email account hqs-smb-npfc-claimsinfo@uscg.mil as the recipient of your documents

In the alternative, you can mail your claim submission with supporting documentation via US Postal Service or other mail service carriers to the following address:

ATTN: CLAIMS ADJUDICATION
CG NATIONAL POLLUTION FUNDS CENTER
US COAST GUARD STOP 7605
2703 MARTIN LUTHUR KING JR AVE SE
WASHINGTON DC 20593-7605

Note – all mail intended for the NPFC is screened before delivery to our office. In the past, the irradiation methods employed during screening have destroyed CDs and thumb-drives mailed to the NPFC in support of claim submissions. As such, the NPFC Claims Division may ask you to provide your information electronically via the DoD SAFE site if the CDs/thumb drives provided in support of your claim submission are damaged during the screening process.

Questions?

The NPFC maintains a toll-free number that’s monitored Monday – Friday from 7:00 a.m. to 4 p.m. EST. The toll-free number is 1-800-280-7118. You can also email the NPFC Claims Division at hqs-smb-npfc-claimsinfo@uscg.mil. Calls or emails placed to the NPFC Claims Division after normal working hours, or on Holidays/weekends, will be responded to on the next business day.

Disclaimer

The summary information contained within this document is intended to assist claimants in the preparation of their claim and not as the sole source of information regarding the OPA or claims regulations. Instead, claimants should review and then rely upon the OPA located at https://uscode.house.gov/view.xhtml?path=/prelim@title33/chapter40&edition=prelim and implementing regulations located at https://www.ecfr.gov/current/title-33/chapter-I/subchapter-M/part-136 for information definitive to their claim and claim submission.

Responsible Party Claims

A responsible party (RP) for a vessel or facility from which oil is discharged, or which poses the substantial threat of oil discharge, may assert a claim for uncompensated pollution removal costs or damages as noted below:

• The RP is entitled to a defense to liability if they establish, by a preponderance of evidence, that the discharge or substantial threat of an oil discharge and the resulting removal costs or damages were caused solely by an act of God; an act of war; or an act or omission of a third party, other than an employee or agent of the RP or a third party whose act or omission occurs in connection with any contractual relationship with the RP.
• Additionally, the RP must also establish by a preponderance of the evidence that they exercised due care with respect to the oil concerned, taking into consideration the characteristics of the oil and in light of all relevant facts and circumstances; and took precautions against foreseeable acts or omissions of any such third party and the foreseeable consequences of those acts or omissions.
• Lastly, the RP must establish that they reported the oil spill incident as required by the law if they knew or had reason to know of the incident; they provided all reasonable cooperation and assistance as requested by a responsible official in connection with the removal activities; and without sufficient cause, complied with an order issued under the Clean Water Act/33 U.S.C. § 1321 or Intervention on the High Seas Act/33 U.S.C. § 1471.
• The RP is entitled to limit its vessel’s liability so long as the incident was not proximately caused by RP’s gross negligence or willful misconduct; or the violation of an applicable Federal safety, construction, or operating regulation by the RP, the agent or employee of the RP, or a person acting pursuant to a contractual relationship with the RP except where the sole contractual arrangement arises in connection with carriage by a common carrier by rail.
• Additionally, the RP must establish that they reported the oil spill incident as required by the law if they knew or had reason to know of the incident; they provided all reasonable cooperation and assistance as requested by a responsible official in connections with the removal activities; and without sufficient cause, complied with an order issued under the Clean Water Act/33 U.S.C. § 1321 or Intervention on the High Seas Act/33 U.S.C. § 1471.

General Claim Requirements

When preparing the claim for submission to the Oil Spill Liability Trust Fund (OSLTF or Fund), the RP is reminded that they bear the burden of providing all evidence, information, and documentation deemed relevant and necessary by the Director of the CG National Pollution Funds Center (NPFC), to support and properly process the claim. At a minimum, the RP will be required to:

• Prove that the removal costs and/or damages associated with the claim meet the criteria for a claim as established within the Oil Pollution Act of 1990 (OPA) as detailed below.
• The substance associated with the response was oil;
• That there was a discharge of oil or substantial threat of discharge of oil;
• The discharge or substantial threat of oil discharge impacted a navigable waterway of the United States; and
• The discharge or substantial threat of discharge of oil originated from a vessel or facility.
• Prove that the removal actions were reasonable and determined by the Federal On-Scene Coordinator (FOSC) to be consistent with the National Contingency Plan or directed by the FOSC.
• Prove that the removal actions were necessary to prevent, minimize, or mitigate the effects of the incident. Additionally, that the uncompensated pollution removal costs were incurred as a result of these actions.
• For any damages incurred as a result of the incident (e.g., real or personal property damage or loss of profits or earning capacity), provide the additional proof required to substantiate those damages.
• For removal cost associated with the claim, submit the claim within six years after the date of completion of all removal actions for the incident. Specifically, the actual date of completion of all removal actions for the incident or the date the FOSC determines that the removal actions which form the basis of the costs being claimed are completed, whichever is earlier.
• For damages associated with the claim, submit the claim within three years after the date on which the injury and its connection with the incident in question were reasonably discoverable with the exercise of due care.
• Submit your signed claim in writing with a sum certain (total claimed costs) for compensation resulting from the incident.

Examples of RP Claims

You own an oil-production facility that stores oil in above ground storage tanks (AST). Unbeknownst to you, a vandal entered your property and damaged an AST which resulted in oil discharging from your facility and entering a navigable waterway of the United States. In preparation of submitting your claim to the Fund, you were able to obtain information that proved the damages to your AST which resulted in the discharge of oil were caused solely by an act or omission of a third party. Additionally, you obtained facility records verifying the security measures employed by your facility; the inspection and maintenance programs undertaken to ensure the safe storage and transfer of oil from your facility; and your planning for, and execution of, an immediate response to the oil spill from your facility; all of which support your claim of exercising due care and taking reasonable precautions to prevent both intentional and accidental releases of oil from your facility. Lastly, you obtained documentation confirming that you reported the oil spill incident as required by the law; provided all reasonable cooperation and assistance as requested by a responsible official in connections with the removal activities; and complied with all orders issued under the Clean Water Act/33 U.S.C. § 1321. By providing this information along with other required information (e.g., General Claim requirements and other Supporting Documentation), you may be entitled to assert an affirmative defense and submit a defense to liability claim to the Fund.

You own a vessel that sank during a heavy weather event and discharged oil into a navigable waterway of the United States. In preparation of submitting your claim to the Fund for the removal costs and/or damages incurred in excess of your vessel’s limit of liability, you were able to obtain documentation that proved the incident was not proximately caused by the RP’s gross negligence or willful misconduct; or the violation of an applicable Federal safety, construction, or operating regulation. Additionally, you obtained documentation confirming that you reported the oil spill incident as required by the law; provided all reasonable cooperation and assistance as requested by a responsible official in connections with the removal activities; and complied with all orders issued under the Clean Water Act/33 U.S.C. § 1321 or Intervention on the High Seas Act/33 U.S.C. § 1471. By providing this information along with other required information (e.g., General Claim requirements and other Supporting Documentation), you may be entitled to limit your vessel’s liability and submit a limit of liability claim to the Fund.

Examples of Supporting Documentation

You must provide evidence that supports your claim, and you can use whatever documentation you believe best supports your claim. Listed below are examples of documentation typically submitted in support removal cost and/or damage claims:

• Photographs or videos of the incident and the response actions.
• Reports from local, State, or Federal agencies overseeing the incident.
• Analysis of the oil that is the subject of the incident on which you based your claim submission.
• Report or statement from the FOSC attesting:
• That your response activities were consistent with the National Contingency Plan or directed by the FOSC;
• That your level of effort in responding to the oil spill was reasonable and necessary to prevent, minimize, or mitigate the effects of the incident; and
• The date the FOSC considered all pollution removal activities complete.
• Contractor and subcontractor rate schedules, invoices, and receipts.
• Proof of payment (copies of cancelled checks or affidavits) indicating the date and the amount you paid each contractor and subcontractor.
• Contractor and subcontractor daily logs that include:
• The names of personnel, labor categories/titles, hours worked, dates worked, and personnel rates;
• Equipment used, equipment rates, and hours/dates used; and
• Summary of work accomplished each day.
• Disposal manifests provided by the disposal facility.
• Disposal facility’s invoice with proof of payment.
• Affidavits or witness statements attesting to the incident and your response to the incident.
• Pre-casualty and post-casualty surveys of the vessel (as applicable).
• Vessel Response Plan (as applicable).
• Inspection and/or maintenance records of the vessel or facility.
• Schematics of the facility to include the location of all tanks, piping, and security measures (e.g., fencing, lighting, cameras, warning signs, motion detectors, roving patrols) (as applicable).
• Police reports (as applicable).
• Facility Spill Prevention, Control, and Countermeasures Plan (SPCC) (as applicable).
• Any additional documentation that you feel supports your claim.

How to Submit Your Claim

1. Develop a claim submission that meets the general requirements for a claim found in 33 CFR 136.105 or complete the Optional Claims form that describes your claim
2. Attach supporting documentation, such as those listed above.
3. Submit your damage claim submission electronically to the NPFC Claims Division at hqs-smb-npfc-claimsinfo@uscg.mil. Please note, the NPFC’s email server will only accept email attachments up to 8MB in size and any attachments larger than 8MB will be rejected by the NPFC’s mail server. As such, the NPFC recommends claimants request a drop-off for any supporting claim documents in excess of 8MB within their claim submission email to the NPFC. Upon receipt of your electronic claim submission and email request to drop-off additional documents, the NPFC will send you a link to the DoD SAFE server that will allow you to upload your additional documents using the NPFC’s Claims Division email account hqs-smb-npfc-claimsinfo@uscg.mil as the recipient of your documents

In the alternative, you can mail your claim submission with supporting documentation via US Postal Service or other mail service carriers to the following address:

ATTN: CLAIMS ADJUDICATION
CG NATIONAL POLLUTION FUNDS CENTER
US COAST GUARD STOP 7605
2703 MARTIN LUTHUR KING JR AVE SE
WASHINGTON DC 20593-7605

Note – all mail intended for the NPFC is screened before delivery to our office. In the past, the irradiation methods employed during screening have destroyed CDs and thumb-drives mailed to the NPFC in support of claim submissions. As such, the NPFC Claims Division may ask you to provide your information electronically via the DoD SAFE site if the CDs/thumb drives provided in support of your claim submission are damaged during the screening process.

Questions?

The NPFC maintains a toll-free number that’s monitored Monday – Friday from 7:00 a.m. to 4 p.m. EST. The toll-free number is 1-800-280-7118. You can also email the NPFC Claims Division at hqs-smb-npfc-claimsinfo@uscg.mil. Calls or emails placed to the NPFC Claims Division after normal working hours, or on Holidays/weekends, will be responded to on the next business day.

Disclaimer

The summary information contained within this document is intended to assist claimants in the preparation of their claim and not as the sole source of information regarding the OPA or claims regulations. Instead, claimants should review and then rely upon the OPA located at https://uscode.house.gov/view.xhtml?path=/prelim@title33/chapter40&edition=prelim and implementing regulations located at https://www.ecfr.gov/current/title-33/chapter-I/subchapter-M/part-136 for information definitive to their claim and claim submission.

Profits and Earning Capacity Damage Claims

Claims for loss of profits or impairment of earning capacity originate from the injury to, destruction of, or loss of real or personal property or natural resources.

General Claim Requirements

A claim for loss of profits or earning capacity damage can be presented by any claimant who sustained the loss or impairment. The claimant need not be the owner of the damaged property or resources to recover for lost profits or income. When preparing the claim for submission to the Oil Spill Liability Trust Fund (OSLTF or Fund), the claimant is reminded that they bear the burden of providing all evidence, information, and documentation deemed relevant and necessary by the Director of the CG National Pollution Funds Center (NPFC), to support and properly process the claim. At a minimum, the RP will be required to:

• Prove that the damage costs associated with the claim meet the criteria for a claim as established within the Oil Pollution Act of 1990 (OPA) as detailed below.
• The substance associated with the response was oil;
• That there was a discharge of oil or substantial threat of discharge of oil;
• The discharge or substantial threat of oil discharge impacted a navigable waterway of the United States; and
• The discharge or substantial threat of discharge of oil originated from a vessel or facility.
• Prove that real or personal property or natural resources have been injured, destroyed, or lost.
• Prove that your income was reduced as a consequence of injury to, destruction of, or loss of the property or natural resources, and the amount of that reduction.
• Prove the amount of your profits or earnings in comparable periods and during the period when the claimed loss or impairment was suffered, as established by income tax returns, financial statements, and similar documents.
• Prove whether alternative employment or business was available and undertaken and, if so, the amount of income received. Note – all income received as a result of the incident must be clearly indicated and any saved overhead and other normal expenses not incurred as a result of the incident must be established.
• Prove that you first presented your real or personal property damage claim to the responsible party (RP), unless:
• The NPFC has advertised for claims specific to the incident subject to your claim;
• You are a responsible party asserting a claim under the OPA;
• You are a U.S. claimant in a case where a foreign offshore unit has discharged oil; or
• A responsible party was never identified for the incident that is the subject of your claim and the incident was determined to be a mystery spill by the Federal On-Scene Coordinator (FOSC).
• Submit your signed claim in writing with a sum certain (total claimed costs) for compensation resulting from the incident.
• Submit the claim within three years after the date on which the injury and its connection with the discharge in question were reasonably discoverable with the exercise of due care.

Compensation Allowed

• The amount of compensation allowable is limited to the actual net reduction or loss of earnings or profits suffered. Calculations for net reductions or losses must clearly reflect adjustment for:
• All income resulting from the incident;
• All income from alternative employment or business undertaken;
• Potential income from alternative employment or business not undertaken, but reasonably available;
• Any saved overhead or normal expenses not incurred as a result of the incident; and
• State, local, and Federal taxes.

Example of a Profit and Earning Capacity Damage Claim

You own a water-taxi service that was disrupted as a result of an oil spill incident. Specifically, you had to stop operating your water-taxi as a result of the incident and lost the opportunity to transport passengers back and forth between their destinations. In preparation for submitting your claim to the NPFC, you were able to obtain tax returns, financial statements, and similar documents from comparable periods of time (e.g., same month but from previous years) and during the time-period (e.g., 2-3 weeks before the incident) as your claimed loss or impairment was suffered. Next, you successfully addressed any alternative employment or business opportunities (e.g., moving and then operating your water-taxi in an alternate location outside of the oil spill incident) and, if so, the amount of income received. Lastly, you calculated any saved overhead and other normal expenses not incurred as a result of the incident (e.g., saved fuel costs for not operating the water-taxi, saved personnel/crew costs for not operating the water-taxi…). By providing this information along with other required information (e.g., General Claim requirements and other Supporting Documentation), you may have a profit and earning capacity damage claim for the profits and earnings lost during the oil spill incident.
For reference when calculating your sum certain: profit = income or revenue – expenses.

Examples of Supporting Documentation

You must provide evidence that supports your claim, and you can use whatever documentation you believe best supports your claim. Listed below are examples of documentation typically submitted in support of loss of profit or earning capacity damage claims:

• Photographs or videos of the incident and the response actions.
• Reports from local, State, or Federal agencies overseeing the incident.
• Analysis of the oil that is the subject of the incident on which you based your claim submission.
• Tax returns for two years prior to the incident, the year of the incident and the year after the incident, if available.
• Income statements from two years prior to the incident, the year of the incident and the year after the incident, if available.
• Balance sheets from two years prior to the incident, the year of the incident and the year after the incident, if available.
• Cash flow statements from two years prior to the incident, the year of the incident and the year after the incident, if available.
• Receipts or other proof of revenue combined with proof of expenses (e.g., daily logs, catch records, charter agreements, etc.).
• Affidavits or witness statements attesting to the incident and your response to the incident.
• Any additional documentation that you feel supports your claim.

How to Submit Your Claim

1. Develop a claim submission that meets the general requirements for a claim found in 33 CFR 136.105 or complete the Optional Claims form that describes your claim
2. Attach supporting documentation, such as those listed above.
3. Submit your damage claim submission electronically to the NPFC Claims Division at hqs-smb-npfc-claimsinfo@uscg.mil. Please note, the NPFC’s email server will only accept email attachments up to 8MB in size and any attachments larger than 8MB will be rejected by the NPFC’s mail server. As such, the NPFC recommends claimants request a drop-off for any supporting claim documents in excess of 8MB within their claim submission email to the NPFC. Upon receipt of your electronic claim submission and email request to drop-off additional documents, the NPFC will send you a link to the DoD SAFE server that will allow you to upload your additional documents using the NPFC’s Claims Division email account hqs-smb-npfc-claimsinfo@uscg.mil as the recipient of your documents

In the alternative, you can mail your claim submission with supporting documentation via US Postal Service or other mail service carriers to the following address:

ATTN: CLAIMS ADJUDICATION
CG NATIONAL POLLUTION FUNDS CENTER
US COAST GUARD STOP 7605
2703 MARTIN LUTHUR KING JR AVE SE
WASHINGTON DC 20593-7605

Note – all mail intended for the NPFC is screened before delivery to our office. In the past, the irradiation methods employed during screening have destroyed CDs and thumb-drives mailed to the NPFC in support of claim submissions. As such, the NPFC Claims Division may ask you to provide your information electronically via the DoD SAFE site if the CDs/thumb drives provided in support of your claim submission are damaged during the screening process.

Questions?

The NPFC maintains a toll-free number that’s monitored Monday – Friday from 7:00 a.m. to 4 p.m. EST. The toll-free number is 1-800-280-7118. You can also email the NPFC Claims Division at hqs-smb-npfc-claimsinfo@uscg.mil. Calls or emails placed to the NPFC Claims Division after normal working hours, or on Holidays/weekends, will be responded to on the next business day.

Disclaimer

The summary information contained within this document is intended to assist claimants in the preparation of their claim and not as the sole source of information regarding the OPA or claims regulations. Instead, claimants should review and then rely upon the OPA located at https://uscode.house.gov/view.xhtml?path=/prelim@title33/chapter40&edition=prelim and implementing regulations located at https://www.ecfr.gov/current/title-33/chapter-I/subchapter-M/part-136 for information definitive to their claim and claim submission.

Claims for Subsistence Use Damages

Loss of subsistence use claim if natural resources you depend on for subsistence use purposes have been injured, destroyed, or lost by an oil spill incident.

Example of Claim for Subsistence Use Damages

The NPFC's Natural Resource Damage (NRD) Claims Division adjudicates claims for natural resource damages arising out of oil spills (or the substantial threat of a spill) to the navigable waters of the United States. Those damages may include:

• The cost to restore, rehabilitate, replace or acquire the equivalent of the injured resource.
• Any interim lost use or diminution in value of the injured resource pending restoration.
• The reasonable cost of assessing those damages.

Who May Submit NRD Claims to the NPFC?

Natural Resource Trustees designated by the President, State or Territorial Governor or Tribal governing authority may submit NRD claims to the NPFC. A responsible party may assert a claim against the Fund for removal costs and damages, which may include payments to a United States trustee, a State trustee, an Indian tribe trustee, or a foreign trustee for natural resource damages, if the responsible party demonstrates an entitlement to a defense to liability under Section 2703 or entitlement to a limitation of liability under Section 2704.

Preassessment Funding

Federal Trustees may also access the OSLTF to initiate preassessment activities through Interagency Agreements (IAAs) between the Federal Trustees and the NPFC.

For initiate preassessment requests, during or after business hours, please contact the NRD Claims Division.

Claims for Natural Resource Damages

Loss of subsistence use claim if natural resources you depend on for subsistence use purposes have been injured, destroyed, or lost by an oil spill incident.

Example of Claim for Subsistence Use Damages

The NPFC's Natural Resource Damage (NRD) Claims Division adjudicates claims for natural resource damages arising out of oil spills (or the substantial threat of a spill) to the navigable waters of the United States. Those damages may include:

• The cost to restore, rehabilitate, replace or acquire the equivalent of the injured resource.
• Any interim lost use or diminution in value of the injured resource pending restoration.
• The reasonable cost of assessing those damages.

Who May Submit NRD Claims to the NPFC?

Natural Resource Trustees designated by the President, State or Territorial Governor or Tribal governing authority may submit NRD claims to the NPFC. A responsible party may assert a claim against the Fund for removal costs and damages, which may include payments to a United States trustee, a State trustee, an Indian tribe trustee, or a foreign trustee for natural resource damages, if the responsible party demonstrates an entitlement to a defense to liability under Section 2703 or entitlement to a limitation of liability under Section 2704.

Preassessment Funding

Federal Trustees may also access the OSLTF to initiate preassessment activities through Interagency Agreements (IAAs) between the Federal Trustees and the NPFC.

For initiate preassessment requests, during or after business hours, please contact the NRD Claims Division.