NATIONAL CONTINGENCY PLAN FOR MARINE POLLUTION FROM SHIPPING AND OFFSHORE INSTALLATIONS

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3.    ESTABLISHING THE LEVEL OF RESPONSE
Associated with Appendix F (Temporary Exclusion Zones and Temporary Danger Areas)

3.1    For the purpose of planning, tiers are used to categorise oil pollution incidents.  The tiered approach to oil pollution contingency planning identifies resources for responding to spills of increasing magnitude and complexity by extending the geographical area over which the response is coordinated:

Tier 1    Local (within the capability of one local authority, harbour authority or EHS)

Tier 2    Regional (beyond the capability of one local authority or EHS)

Tier 3    National (requires national resources)

3.2    When the MCA duty Counter Pollution and Salvage Officer (CPSO) is notified of an incident, the CPSO decides if a regional or national response is warranted.  In the event of an incident involving an offshore installation, the duty DTI Environmental Inspector⁴ consults with the duty CPSO.  This plan lays down no rigid criteria for triggering a regional or national response.  However, the CPSO may trigger a national response if:

• a shipping casualty gives rise to the risk of significant pollution requiring a salvage operation;
• there is a spill of oil or any other hazardous substance at sea from a ship that requires the deployment of sea borne or air-borne equipment to contain, disperse or neutralise it;
• there is a spill of oil or any other hazardous substance from an offshore installation that requires the deployment of seaborne, or air-borne equipment by MCA to contain, disperse or neutralise it which the operator of the installation does not have the capacity to deploy (after allowing for mutual support arrangements agreed with other operators);
• there is a spill of oil or any other hazardous substance within the area of a harbour authority that requires the deployment of national resources under national control to contain, disperse or neutralise it, or other action beyond the capacity of the harbour authority and local authority or EHS concerned (after allowing for mutual support arrangements with neighbouring harbour authorities or local authorities); or
• a local authority or EHS requests the deployment of national shoreline equipment under national control because the action is beyond the capacity of the local authority or EHS after allowing for any mutual support arrangements with neighbouring authorities.

3.3    In a regional response, the CPSO may deploy regional MCA equipment and facilities to support the harbour authorities’ contracted tier 2 responders, or local authorities (or, in Northern Ireland, the EHS).  A local response is appropriate in all other cases.  In a local response, MCA has no role other than to maintain records of any pollution for statistical purposes.

3.4    The CPSO considers the following actions – some of which involve the deployment of regional MCA resources, whereas other actions engage national MCA equipment and facilities:  

• ordering aerial surveillance of the ship, if possible with an experienced observer;
• arranging for inspection of the ship by an MCA surveyor or other qualified person;
• putting on stand-by or deploying:
  • dispersant spraying aircraft and ships,
  • oil recovery equipment,
  • cargo transfer equipment,
  • booms, or
  • ETVs or other tugs;
• establishing the availability of salvage and lightening ships;
• moving the ship to shelter;
• using statutory powers of intervention;
• obtaining specific weather forecasts;
• requesting control of airspace in vicinity of the casualty; and
• establishing a temporary exclusion zone (TEZ). (Appendix F contains information on TEZs.)

Action taken after initiating a national or regional response
3.5    When a threat of significant pollution justifies a regional or national response, the CPSO immediately informs the Director and Deputy Director of Operations, and SOSREP of the incident.  These individuals may decide to supplement the response or stand down a national response.  The CPSO ensures that MCA keeps a record of actions taken and decisions made.

3.6    In relation to incidents involving ships, MCA takes the lead in providing UK Government Ministers with situation reports.  DfT’s Shipping Policy Division takes the lead in providing policy advice, consulting colleagues in DfT, other government departments and the devolved administrations as appropriate.

3.7    In relation to incidents involving offshore installations, the Energy Resources and Development Unit of the Department of Trade and Industry (DTI) takes the lead in providing both operational and policy advice.  MCA or the DTI, as appropriate, also give situation reports to officials of the devolved administration affected or potentially affected, so that they can similarly advise their Ministers.

3.8    Thus, when MCA triggers a regional or national response, it arranges for the following to receive situation reports:

• the offices of the Secretary of State for Transport, the Minister for Transport, the Secretary of State for the Environment, and the Parliamentary Under-Secretaries handling maritime and environmental issues (by fax or e-mail);
• the DfT Duty Press Officer (by telephone, via the MCA Public Relations Office);
• Shipping Policy and Ports Divisions of DfT, the Energy Resources and Development Unit of the DTI, Defra, and the devolved environment and fisheries departments, as appropriate (by telephone, fax or e-mail);
• affected local authorities;
• Centre for Radiation, Chemical and Environmental Hazards of the Health Protection Agency (HPA) (if there is potential or actual risk to public health); and
• those organisations that provide the core members of the Environment Group (see Section 9).
• The MAIB’s Duty Co-ordinator

3.9    In incidents involving an offshore installation, the duty Environmental Inspector or the DTI Strategic Adviser (see Section 5) arranges for the Secretary of State for Trade and Industry to receive situation reports.

3.10    The remainder of this plan sets out the framework for a national response.

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