Environmental Claims Presentation Rheged 27 th October 2010 David - - PowerPoint PPT Presentation
Environmental Claims Presentation Rheged 27 th October 2010 David Waller, LLB (Hons) ACII, ACILA, Director, Environmental Claims Division, QuestGates, Chartered Loss Adjusters & Claims Specialists. 1 What is an Environmental Claim?
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David Waller, LLB (Hons) ACII, ACILA, Director, Environmental Claims Division, QuestGates, Chartered Loss Adjusters & Claims Specialists.
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Operative Clause would read:-
property or obstruction trespass nuisance or interference with any right
with the business and which occurs during the period of insurance and within the territorial limits.
compensation up to the limit of indemnity and (2) costs and expenses.
pollution/contamination other than caused by a sudden identifiable unintended and unexpected incident which occurs in its entirety at a specific time and place during the period of insurance.
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Your legal liability to pay damages and claimant’s costs and expenses for: Usual exclusions include damage to own land/property Loss damage or liability arising from pollution or contamination unless caused by: a) A sudden and unexpected accident which can be identified; or b) Oil leaking from a domestic oil installation at the home.
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caused or there is a significant possibility of such harm to be caused, or pollution of controlled waters is likely to be caused”. A significant pollution linkage (SPL) must be identified
under the principle “the polluter pays”.
the presence of contaminants
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any poisonous or polluting matter or any solid waste to enter any controlled waters”.
pollution work and operations if:
restore as reasonably practicable the flora and fauna dependent on the aquatic environment prior to the pollution incident.
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and sustainable use of surface waters, transitional waters, coastal waters and groundwater
to be authorised.
Regulations 2005
authorisation.
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(continued)
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(continued)
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(continued)
health
and natural habitats:
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(continued)
serving national defence or international security, protection from national disasters)
appropriate safety measures, result of compliance with governmental authority’s unrelated compulsory order or instruction
permit issued under domestic law which has transposed EC legislation or activity or emission not likely to cause damage according to current scientific and technical knowledge.
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(continued) Type of damage Liability for operators
Liability of operators of
activities Standard of remediation Type of remediation applicable To protected species and natural habitats Strict Fault based Return the environment as a whole back to baseline condition, and remove any significant risk of an adverse effect on human health Primary Complementary Compensatory To water Strict None Return the environment as a whole back to baseline condition, and remove any significant risk of an adverse effect on human health Primary Complementary Compensatory To land Strict None The removal of any significant risk of an adverse effect on human health Remove significant risk of adverse effects on Human health, taking account
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(continued)
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(continued)
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EPA 1990 or WRA 1991
entered ground, health risk, none of exemptions applied. Why EDR?
“significant risk of significant hard”.
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failure at Ajka, Hungary,
controlled water including the Danube under threat.
neutralisation/buffering in soils and surface water and dilution.
and acids to rivers to neutralise.
ingestion risk and dust inhalation.
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neutralising agents
(acids etc; metals recovery.
neutralisation/buffering in soils and surface water and dilution.
and acids to rivers to neutralise.
ingestion risk and dust inhalation.
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property Nr Winchester.
5000 litres of kerosene
Total catchment area. Very close to a grade A river and SSSI.
approximately 1.5 m of gravel followed by chalk at depth.
shallow (<1m) groundwater.
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product on top of shallow groundwater. Lateral movement of free and dissolved phase.
(grade II) building with no foundations.
extremely high pumping rates in
containment.
surface water.
disruption.
groundwater over 18 months, then 6 months monitoring.
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Excavation of approximately 5000 m3 of material Contaminated soil disposal approx. £300K Backfill operations approx £100K Garden reinstatement approx £35K Total - £435K
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Installation of an innovative in situ recovery system System cost including installation £190K Operating cost £40K Post monitoring cost £15K Total £245K
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