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Equipment damage, single use equipment and cost recovery

When the FRS deploys pollution control equipment on site to prevent environmental damage a notice providing guidance needs to be left with the owner of that premises or activity. A template notice is provided in here. The notice explains why the equipment has been deployed and that it should not be moved without the permission of the environment agency or FRS; incorrect removal can damage the equipment and may lead to environmental damage for which the polluter may be liable.

Damage caused to any equipment which has been deployed can be recovered under Section 161 of the Water Resources Act as can the costs of single use equipment and materials such as sorbents and clay drain sealing mats. This is known as the ‘Polluter Pays’ principle whereby the environment agencies can recover their costs in investigating and dealing an incident. This include materials they provide to the FRS.