Page 124 - claims information pack ebook_e
P. 124

Guidelines for presenting claims for clean up and preventive measures









                   Disposal
                   5.24      Clean-up operations frequently result   Example
                        in considerable quantities of oil and oily   Clean-up operations following a spill of some
                        debris being collected. Reasonable costs   2 000 tonnes of heavy fuel oil generates
                        for transport, storage and disposal of the   almost 80 000 tonnes of oily waste. Whereas
                        collected material are accepted. If it has   it might have been anticipated that the
                        been possible to sell any of the recovered oil,   spill would generate approximately 20 000
                        the proceeds of the sale would normally be   tonnes of waste, in fact, the quantity of waste
                        deducted from any compensation paid.
                                                                   collected was some 40 times the amount
                   5.25      Disposal of oily waste materials is usually   of oil spilled. There was little doubt that this
                        controlled by national or regional regulations.   amount of waste had been collected since
                        In addition, in a major incident the quantities   the quantity was verified against weigh
                        of material for disposal can exceed the    bridge tickets and from estimates of volumes
                        capacity of some potential disposal methods,   piled up at storage sites. In assessing the
                        calling for waste to be held at temporary   claim for disposal and associated transport
                        storage sites. However, if a range of options   and storage costs the 1992 Fund took the   19
                        are available within the applicable regulations   view that in some places the inappropriate
                        then, for disposal costs to be reimbursed,   use of heavy machinery to remove oil
                        the most cost effective option should be   from shorelines had resulted in excessive
                        selected.                                  quantities of oily waste being collected. After
                                                                   detailed investigations it was concluded that
                   5.26      Efforts should be made to keep the amount
                        of waste collected to a minimum. Experience   adverse weather conditions and the types of
                        has shown that typically the amount of waste   shoreline to be cleaned had led to exceptional
                        generated can be as much as ten times the   circumstances and the costs of dealing with
                        quantity of oil spilled. A ratio of the amount   some 40 000 tonnes of waste were accepted
                        of waste collected to the amount of oil spilled   as reasonable.
                        far in excess of this factor of ten would signal
                        the need for a closer examination of the
                        circumstances that led to an excessive level
                        of waste and may result in a portion of the
                        costs of clean up and disposal being found
                        to be unreasonable.
   119   120   121   122   123   124   125   126   127   128   129