Overview

As part of the SPILL package, you have access to advice and guidance from a specialist environmental law firm ELM LAW.

ELM Law can provide an environmental liability review for your particular property / properties and summarise the SPILL policy coverage and exclusions.

SPILL customers also benefit from a free legal helpline service from ELM Law if your directors have any questions regarding the environmental liability position or insurance policy wording.

Contaminated Land Regime

Local authorities have a statutory duty under Part 2A of the Environmental Protection Act 1990 to identify and secure the remediation of “contaminated land” in their areas.

The Contaminated Land Regime can force innocent site owners and tenants to pay for historic contamination dating back to the late 1800s.

If the original polluter(s) of historic contamination cannot be found (eg have gone bust), the current owner or occupier of the property can be targeted to clean up the historic contamination.

There are estimated to be over 300,000 former industrial sites in England.

Local authorities have prepared priority target lists of 1000s of sites that will be subject to Part 2A inspections and YOUR property could already be on this list due to previous site uses.

An environmental desktop search or Pre-Loss Survey ordered via SPILL will highlight:

If there have been any significant historic contaminative uses at your property; and/or
Whether your property is likely to be investigated under the Contaminated Land Regime

Third Party Claims

The greatest liabilities for pollution spills can result from third party claims.

If pollution migrates from your property and impacts neighbouring land or water, a nuisance claim can be brought against you for property damage and interference.
If the spill causes bodily injury, you can face personal injury claims for exposure to hazardous substances.

Water remediation

The causer or knowing permitter of water pollution can also be served or threatened with a Works Notice under the Water Resources Act 1991 requiring site investigations, remediation, and monitoring works.

There is no minimum clean up standard, so the Environment Agency can request expensive water remediation work and monitoring that can last for years.

The Environment Agency can do the work itself and recover its costs and even impose charges on your property.

Environmental Damage Regime

There are even stricter rules if environmental damage has been caused to water, land or protected species or nature sites.

Site owners or occupiers have a legal duty under the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 to immediately notify regulators and take remedial action if there has been an environmental damage event after March 2009 or an imminent threat of environmental damage (storage tank in poor condition).