Re Recent ex experience in in the the UK UK in inlan land sp spill - - PowerPoint PPT Presentation

Re Recent ex experience in in the the UK UK in inlan land sp spill ill sect sector: Chang Changes, s, infl fluences, uences, accr accredit itatio ion and and the the futur future!

• Dr. Jon Burton

Managing Director Oracle Environmental Experts Ltd

• 1. Introduction
• 2. Changes and influences in the inland spill sector
• 3. The relevance of accreditation
• 4. The future?

CONTENTS

EA Pollution Incidents Data for 2012 In 2012 the EA reported that they received reports of ~22,000 pollution incidents each year In 2012, ~3% (617) of all reported pollution incidents in England and Wales were serious or significant in that they caused significant harm to people or the environment (i.e. Cat 1 and Cat 2)

• 1. Introduction

Pollution Incident Summary

• 1. Introduction

Pollution Incident Summary

In 2012, the waste management, agriculture and the water and sewerage sector accounted for 60% (370) of pollution incidents. In particular, there had been a big increase in pollution incidents in the waste sector.

Pollution Incidents Data for 2015

• 1. Introduction

Pollution Incident Summary

In 2015 containment and control failures on farms were the single largest cause of incidents affecting water followed by those from the water industry The sectors causing no serious incidents in the 3 years 2013 to 2015 were onshore oil and gas, textiles and non‐ferrous metals.

• 1. Introduction

Causes

Failure of both secondary and tertiary containment (if present) – See CIRIA 736!

But what about the type of pollutant, and specifically oil? EA Article from 2010 “Oil pollution incidents reported to us have halved compared to ten years ago, since the introduction of the Oil Storage Regulations in England. There are now around 3000 pollution incidents involving oil and fuels every year. Although some of these affect land, the vast majority affect the water environment. On average an oil spill costs a typical business up to £30,000 in fines, clean up charges and production losses.”

• 1. Introduction

Under‐reporting? Under estimated?

Occurrence of a spill doesn’t necessarily mean that a response, investigation and/or clean up will be instigated Whether or not any action is taken, or an instruction given to a particular contractor after a spill can depend on:

• Regulatory action/pressure;
• Pressure from a third party to act due to impact or the

threat of impact;

• Whether or not the individual who has had the spill actually

reports it and has appropriate insurance;

• Whether or not the individual who has had the spill actually

wants to make a claim on their insurance;

• Whether or not the insurers will cover the necessary works;
• Whether or not the individual has the available funds to

cover the works themselves if they have no insurance or insurers won’t cover the works; and

• 1. Introduction

• 2. Changes and influences in the inland spill sector

So what has changed and influenced the inland spill sector in the UK in the last 10 years?

PESTLE

Political Environ‐ mental Social Techno‐ logical Legal Economic

Brexit: Impact to be confirmed but may result in changes to domestic legislation in particular relating to waste, water and ecology Funding Pressure on Environment Agencies and Local Authorities: Impacts on ability of regulators to respond to incidents and to queries when dealing with an incident Fiscal incentives: e.g. landfill taxes

• 2. Changes and influences in the inland spill sector

Political

Government Funding Fiscal incentives Brexit

Climate: Can have major influence on the number and frequency of spills. More spills in very cold and very hot weather and also as a result of storms. Increase in spills due to flooding although impact often not as great due to dilution Sustainability: Some insurers require information on sustainability on/off site treatment vs disposal costs but minimal

• 2. Changes and influences in the inland spill sector

Environ‐ mental

Temperature extremes Storms Flooding Sustain‐ ability

Useful Guidance from Oil Care Campaign http://oilcare.org.uk/look‐after‐your‐

• il/flood‐guidance/

Policyholder expectations: Insurance claims focus on Treating Customers Fairly ‐ ‘All firms must be able to show consistently that fair treatment of customers is at the heart of their business model’ Third party impacts / expectations: Can present significant challenges to working

• 2. Changes and influences in the inland spill sector

Social

Policy‐ holder Third parties Social Media Vandalism

Vandalism: Can’t predict number or location – landowner / policyholder often left to cover costs Social Media: Increased use of social media in recent

• years. Need to manage internal and external

communications carefully

• 2. Changes and influences in the inland spill sector

Social

Policy‐ holder Third parties Social Media Vandalism

‐ Increase in in‐situ techniques (e.g. chemical oxidation, SVE, bioremediation) ‐ Increase in off‐site treatment (avoiding landfill tax) ‐ No major innovations in inland spill response equipment in recent years

• 2. Changes and influences in the inland spill sector

Techno‐ logical

In‐situ remediation Off‐site treatment Lack of innovation

Sentencing Guidelines 2014: Massively increased fines for environmental offences to ensure they have a real economic impact providing a strong deterrent from re‐

• ffending.

Organisations convicted of offences under Regulation 38

• f the EP Regulations 2010 could face fines of up to £3

million, with a starting point of £1 million for the most serious offences. Last year the highest fine was £2 Million…this year for a number of combined offences a record £20 Million was given

• 2. Changes and influences in the inland spill sector

Legal

Sentencing Guidelines Increasing litigation Civil Sanctions Oil Storage Regulations Env. Damage Regulations

• 2. Changes and influences in the inland spill sector

Environmental Civil Sanctions (England) Order 2010 Permits the EA and Natural England to use civil sanctions (e.g. Enforcement Undertakings) which can be used against those committing certain environmental

• ffences as an alternative to prosecution

and criminal penalties of fines and imprisonment

Increase in litigation: particularly ROI and NI. Many accredited contractors finding themselves the subject of scrutiny by others Oil Storage Regulations: slowly reducing number of spills in England and now Wales. Environmental Damage Regulations: Reinforces polluter pays principle and introduces remediation goal of return to baseline conditions.

• 2. Changes and influences in the inland spill sector

Legal

Sentencing Guidelines Increasing litigation Civil Sanctions Oil Storage Regulations Env. Damage Regulations

Recession Proof: Spill sector to some degree recession proof as Accidents will happen!

• 2. Changes and influences in the inland spill sector

Economic

Recession Proof Oil Price Tendering Competition Lack of insurance

Oil Price: See an increase in oil thefts when

• il price is high. Range from small spills to

some very large incidents as a result of pipeline tapping

Increasing amount of tendering: common for commercial clients but also seen for clients on domestic spills in recent years Underinsurance / no insurance: major influence on whether work is instructed and the extent of any work Competition: From other UK Spill accredited contractors but also non‐accredited companies

• 2. Changes and influences in the inland spill sector

Economic

Recession Proof Oil Price Tendering Competition Lack of insurance

The UK Spill Contractors Accreditation Scheme is voluntary and exists to maintain consistent standards

• f oil spill clean up in the UK.
• 3. The relevance of accreditation

The standards for Accreditation in the Scheme are supported by the Maritime & Coastguard Agency and the Environmental Agencies and provides a guide to consumers, industrial or commercial

• rganisations of good practice.

It should be the case that…

• 3. The relevance of accreditation

‐ the regulators recommend that UK Spill accredited contractors are used ‐ clients tendering spill response contracts insist

• n UK Spill accreditation

‐ when you use a UK Spill accredited contractor you receive a higher quality service

• 3. The relevance of accreditation

MANDATORY Accreditation Modules Module 0. Standards Compliance & Company Information Module 1. Basic Spill Responder OPTIONS – SPECIALIST Accreditation Modules Module 2. Freshwater/Inland Water Spills Module 3. Ground Water Spills Module 4. Tanker Rollover/Product Uplift Module 5. Marine Oil Spills Module 6. Marine Hazardous and Noxious Substances (HNS) Spills (Ship Sourced) Module 7. Onshore Chemical Spills (Land Sourced Hazmat/CBRN) Module 8. Contaminated Soils

• 3. The future?

What will the future hold for UK Spill and UK Spill Accredited contractors? ‐ Fewer oil spills as prevention increases ‐ Change in the challenges presented by spills ‐ Contractors will need to increase diversity of their spill response offering ‐ UK Spill will also need to change to support its members

• 4. The future?

Increase in use of biofuels – EU legislation means that the percentage of ethanol or FAME in each litre of fuel is going to rise Increases dissolution of BTEX into water phase

View from OFTEC “Homes could switch to a renewable alternative, such as a vegetable oil blend, by as early as 2022. We are going through a period of significant change in the way we consume energy, from the move towards electric cars for transport to renewable sources

• f heating.”

“Biofuels could represent a realistic and viable option to help rural homes reduce their carbon emissions. We have presented

• ur detailed proposals to local MPs and government and will

shortly begin real‐world testing.”

• 4. The future?

For inland spill contractors: ‐ Increasing litigation ‐ more challenges to contractors ‐ Likely to include challenge to current approach to use of risk based remedial targets ‐ Increase in range and diversity of services (modelling, prevention, training etc)

• 4. The future?

For UK Spill: ‐ Increase in range of module types for responders to stay relevant ‐ Working with other trade associations: (e.g. BDMA, ISAA) ‐ Increase in UK Spill accredited training? ‐ Increasing visibility on international stage (e.g. Interspill)

• 4. The future?