Purpose

Reason for the decision
KCC
currently holds a contingency contract with a commercial provider
for the provision of a marine pollution response capability
(including equipment and personnel) in the event of an marine
pollution incident. That contract expires this year, having been
previously extended.
 
Whilst
the retainer element of the contract represents relatively small
expenditure (less than £5K), if it is required to be called
upon then the expenditure is likely to be greater than
£1M.
 
Background
KCC has
legal duties to plan and prepare for emergencies which may occur in
Kent. The potential for an emergency to occur which results in the
pollution of Kent’s coastline is recognised. In relatively
recent years there have been incidents that have come close to
polluting areas of the Kent coastline, the most recent being the
leak from a wreck on the Goodwin Sands in 2022. The location of the
county, adjacent to the busiest shipping lane in the world, puts
Kent at high risk of such events occurring.
 
Marine
pollution events include pollution from marine / crude / waxy /
vegetable oils, other noxious substances, cargo (e.g. timber, such
as the Sinegorsk incident), land-based
wastewater or sewage, algal blooms, or dead marine wildlife (i.e.
whales, dolphins, porpoises or similar).
 
KCC has
historically agreed to undertake a Tier 2 marine pollution response
in support of boroughs / district / city councils (who undertake
Tier 1 responses). This is a local agreement as there is no legal
or regulatory duty upon KCC to cover Tier 2 responses. The
Maritime and Coastguard Agency
National Contingency Plan refers only
to a local authority role in Tier 1 and 2 shoreline clean-up and
doesn’t specifically mention county councils or upper tier
authorities.
 
KCC
currently holds the existing contract on behalf of coastal borough
/ district councils (excluding Medway Unitary Authority). The
contract allows for KCC to call down elements of it to support any
response required to a marine pollution incident. However for
future contracts, KCC and the coastal borough / district councils
have agreed that all authorities will contribute to the standby
cost, and each will have the ability to call on the contract. The
cost of activating the contract will also be split between the
affected authorities.
 
Options (other options considered but discarded)

·     
Do nothing.

o  
This would leave KCC exposed to not meeting its
duties to plan, prepare and respond to an incident that threatens
the environment of the UK, as defined in the Civil Contingencies
Act.

o  
It would also lead to significant reputational risk
for KCC if there is a significant impact on the environment and /
or the economy (e.g. loss of tourist income).

 

·     
Rely on national government, local
mutual aid agreements or military support.

o  
National government (through the Maritime &
Coastguard Agency) has responsibilities for at-sea clean-up
operations, but not onshore cleanup.

o  
Mutual aid agreements between local authorities are
already in place but they are limited in scope and do not provide
the capability which would be required.

o  
Military Aid to the Civil Authorities (MACA) may be
sought in such an incident but it cannot be guaranteed and does not
provide the specialist equipment required. MACA also requires that all civil options have been exhausted
before it can be undertaken, including the commercial providers who
could be contracted under this tender.
 

How the proposed decision supports
the
Framing Kent's Future - Our
Council Strategy 2022-2026
The
decision concerns the provision of infrastructure for the community
in the event of an emergency and forms part of KCC’s role in
making Kent’s communities safe.
 
How the proposed decision supports Securing
Kent’s Future:democracy.kent.gov.uk/documents/s121235/Securing
Kents Future - Budget Recovery
Strategy.pdf
The
decision results from a review of an existing contract. The new
contract will be of a ‘call off’ nature, allowing KCC
to only call off the elements it needs to support its duties. It
will also provide the framework to allow partners to call off
elements for their own purposes but will provide the means and
clarity to ensure that KCC only pays for those elements which it
calls off itself.

 
 
 

Decision

As the Cabinet Member for Community and
Regulatory Services, I agree to:

1.   
KCC entering a contract for the provision of a marine pollution
response capability, including equipment and expertise, in the
event of a marine pollution incident.

2.   
Delegate authority to the Director of Infrastructure, in
consultation with the Cabinet Member for Community and Regulatory
Services to take necessary actions, included but not limited to
entering into relevant contracts or other legal agreements to
implement the above for the provision of a marine pollution
response capability, including equipment and expertise, in the
event of a marine pollution incident.