Page 117 - claims information pack ebook_e

Guidelines for presenting claims for clean up and preventive measures

5. What costs are covered?

5.1 Clean-up operations at sea and on shore the manoeuvrability of helicopters is more
are in most cases considered as preventive appropriate. Although generally less effective
measures since such measures are usually than aerial surveillance, surveys by boat may
intended to prevent or minimise pollution be more appropriate for some situations
damage. and compensation is also available for such
costs. However, with the exception of aircraft
5.2 The clean-up costs covered include
reasonable measures taken to combat equipped to detect oil at night, surveys by
oil at sea, to protect resources vulnerable boat or aircraft during the hours of darkness
to oil (such as sensitive coastal habitats, would not normally be considered reasonable.
seawater intakes of industrial plants, If oil reaches the shoreline a more detailed
mariculture facilities and yacht marinas), to shoreline survey may be necessary to find
clean shorelines and coastal installations out how much oil has come ashore in each of
12 and to dispose of collected oil and oily the areas affected and to decide on the best
wastes. Reasonable costs of cleaning and clean-up methods. Once clean-up operations
rehabilitation of oiled wildlife, particularly are underway, regular surveys are required to
birds, mammals and reptiles are also met. monitor progress and follow the movement
of the oil and changes in its behaviour so that
5.3 Claims for clean-up operations may include methods can be adapted or operations closed
the cost of aircraft, vessels and vehicles, the down in response to changing conditions.
hire or purchase of equipment and materials
and personnel. Claims for the costs of 5.5 The reasonableness of a particular survey,
equipment placed on standby, but not actually whether carried out by aircraft, boat or on
deployed, are assessed at a lower rate to foot, is likely to be judged on whether the
reflect the reduced wear on the equipment. information that the survey was expected
Reasonable costs of cleaning and repairing to provide served a clearly defined purpose
clean-up equipment and of replacing in terms of the preventive measures it
materials consumed during clean-up was intended to support. Where several
operations are accepted. Equipment, vessels, organisations are involved in the response
aircraft and vehicles as well as manpower to an incident, surveys should be properly
are assessed on a case-by-case basis taking coordinated to avoid duplication of effort.
into account the availability of appropriate Aircraft
resources and daily rates that are reasonable
in the local context of wherever the incident 5.6 Two approaches can be followed to derive the
occurs. reasonable costs for aircraft (i) deriving the
hire rate from the actual costs of operating
Surveys by air, by boat and on foot the aircraft or (ii) by comparison with rates
5.4 Costs of reasonable aerial surveillance for commercially available aircraft suitable
operations to establish the extent of pollution for the same role. Providing the necessary
at sea and on shorelines and to identify information can be made available, the
resources vulnerable to oil are accepted. methodology for calculating the actual costs
One of the factors to be considered is of operating the aircraft involves using the
whether the type of aircraft is appropriate purchase cost amortised over the aircraft’s
for the role. For example, maritime expected lifetime and adds in annual costs
surveillance fixed-wing aircraft are not such as, mortgage, insurance, surveys,
well suited to shoreline surveillance where maintenance and crewing costs then divides