CFR /  Title 33  /  Part 136  /  Sec. 136.203 Proof.

In addition to the requirements of Subparts A and B of this part, 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.