Issue details

Proposed decision

That the Cabinet Member for Community and Regulatory Services:

1.     enter into 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.

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.