13. Pollution incidents
This section describes the mechanisms to prevent or reduce the impact of accidental pollution incidents.
Mechanisms set out in sections 6 on point source discharges, 7 on diffuse source pollution and 12 on priority substances can also be used to help avoid or deal with the effects of accidental pollution. Educational programmes and raising public awareness are also valuable mechanisms.
Specific measures to prevent or reduce the impact of accidental pollution incidents are as follows.
Control of Major Accident Hazard Regulations 2015 in partnership with Health and Safety Executive minimises risks to health and the environment from stored pollutants.
Environmental Permitting (England and Wales) Regulations 2016:
- regulates industrial processes to minimize accidental emissions
- makes sure sewerage undertakers (owners and operators) prevent illegal inputs to sewage treatment works
- introduces notices to prohibit any activity that might lead to an input of a listed substance or Water Framework Directive (WFD) pollutant to groundwater
Water Resources Act 1991 Works notices, s161A, and the storage and use of pollutants, and use of Water Protection Zones, s93:
- requires action by a responsible person to prevent and remediate pollution
- minimises and prevents accidents from stored pollutants
Control of Pollution (Oil Storage) (England) Regulations 2001 minimises and prevents accidents from oil storage by setting containment standards.
The Environmental Damage (Prevention and Remediation) (England) Regulations 2015; prevention and remedying of environmental damage to protected habitats and species.
Planning for accident management can help prevent a spill becoming a pollution incident. Emergency planning activities are carried out by a range of organisations, including the Environment Agency, central government local authorities Local Resilience Forums, and by industry and business. Partnerships who work with the Environment Agency to reduce the number and impacts of pollution incidents include the Fire Rescue Service, National Highways, Network Rail, BASIS, British Safety Industry Federation and Oil Care Campaign.
An example is the Maritime and Coastguard Agency’s National Contingency Plan which deals with pollution incidents in the marine environment. Owners and masters of ships and the operators of offshore installations have the responsibility for ensuring that they do not pollute the sea. Harbour authorities are responsible for ensuring that their ports avoid marine pollution and for responding to incidents within their limits. The Maritime and Coastguard Agency will also provide national support to ships, offshore installations, harbour authorities and coastal local authorities where this is necessary.
The majority of inland navigation authorities have also taken on the common minimum standards of the Boat Safety Scheme. This is a public safety initiative owned jointly by the Canal & River Trust and the Environment Agency. At least 12 other navigation and harbour authorities have also introduced it. The navigation authorities’ purposes for the Scheme are to help reduce the risks of fire, explosion and pollution on small craft. This is done by promoting fire safety and pollution prevention advice to help boat owners keep themselves and their crew safe as well as regular examination of fuel systems, gas systems, electrical systems and appliances.
The Control of Major Accident Hazards (COMAH) Regulations 2015 aim to provide protection to people and the environment by ensuring that operators who use or store certain dangerous substances (excluding nuclear and radiological hazards) above specified thresholds take all measures necessary to prevent major accidents. Should an accident occur they also require operators to limit the consequences to people and the environment.
In England, COMAH establishments are regulated by a joint competent authority between the Environment Agency and either the Health and Safety Executive or the Office for Nuclear Regulation.
The regulations establish requirements to assess and manage a wide range of hazards associated with flammable, toxic and environmentally dangerous substances. Operators then need to implement risk control measures to prevent major accidents including those associated with natural hazards, such as extreme weather events and migratory measures which limit the impacts should a major accident occur.
Operators of establishments where the largest quantities of dangerous substances are used or stored (known as upper tier establishments) must produce a safety report and an on-site emergency plan. In addition, the relevant local authority must produce an off-site emergency plan, and the public must be told of safety measures and what to do in the event of an accident.
Find further information on COMAH on the Health and Safety Executive website.
The Environmental Damage (Prevention and Remediation) (England) Regulations 2015, as amended in 2015, 2017 and 2019, seek to prevent and remedy environmental damage to: protected species or natural habitats; Sites of Special Scientific Interest; surface water or groundwater; marine waters; or land presenting a threat to human health. They reinforce the polluter pays principle and make operators financially liable for threats of or actual damage.
The competent authorities are:
- the Environment Agency, which deals with damage caused by activities that it regulates and all water damage
- local authorities, which deal with all land damage and the prevention of damage caused by activities regulated by them
- Natural England, which deals mainly with damage relating to biodiversity on land
- the Marine Management Organisation, which deals with damage relating to biodiversity in marine waters if the damage is not caused by an activity regulated by the Environment Agency
The regulations apply only to certain listed activities and to the most serious types of damage:
- damage that would lower the status of a WFD water body
- damage that adversely affects the site integrity of a Site of Special Scientific Interest or significantly affects the conservation status of a protected species or habitat
- damage to land that causes a significant risk of adverse effects on human health
Those who carry out the listed activities must prevent and remediate any damage their activities cause. For damage to water and biodiversity, the regulations require much more extensive remediation than under existing legislation.
You can find further information at damage prevention and remediation regulations 2009 guidance for England and Wales.