Environmental Damage Regulations
Jun 29, 2010
It is important for Caravan & Holiday Parks to be aware of regulations effective in England (March 2009) and Wales (May 2009) which include new concepts to make businesses who cause environmental damage responsible for the full consequences.
The regulations deal with serious environmental damage such as damage to protected species and their habitats, damage to water and damage to land with significant risk for human health.
Parks with sewerage systems must ensure that these are adequate and well maintained to reduce the likelihood of any spillages or contamination of surrounding land.
What implications could this have?
The “Polluter Pays Principle” means that a business causing environmental damage (or the imminent threat of such damage) will be financially liable. This goes beyond merely cleaning up the pollution and means that businesses will be fully responsible for the environmental damage they cause.
As soon as businesses are aware of this kind of damage they must act immediately to prevent further damage and inform the authorities.
In an emergency situation the authorities may take immediate action to prevent and recover these costs from the business responsible for causing the damage.
Failing to act immediately to prevent environmental damage is an offence according to environmental damage regulations. Fines are unlimited and, in extreme cases, prison sentences may be imposed. Where companies have committed an offence, individuals who consented to them, such as directors or managers, may also be guilty.
Wilby can provide Environmental Impairment Liability cover to protect your business’ legal liability according to these regulations.
EIL includes:
- Cover for Environmental Damage
- Coverage for primary remediation as well as complementary and compensatory remediation
- Cover for the costs of urgent action to prevent environmental damage
- Cover for clean up costs for remediation of the insured’s own sites and third party sites
- Cover for the investigation costs and defence costs within the limits of liability provided
- Defence costs for directors
For more information contact David Moffat on 01422 358525 or email – david.moffat@wilbyltd.co.uk
