Main provisions: creation of the Environment Agency (England and Wales) and the Scottish Environment Protection Agency; the contaminated land regime; protection of the aquatic environment; air quality management; and producer responsibility with the aim of recycling packaging waste significantly.
Tag: UK
Environmental impact assessment (EIA)
A formal assessment of the total environmental effect of a project, process, product or development. It is a legal requirement for some specific projects.
Environmental impairment liability (EIL)
Claims-made policy covering legal liability to third parties for bodily injury or property damage arising out of gradual pollution. It also covers mandatory clean-up costs for both sudden and gradual pollution of the insured’s own and third party sites. Cover is sitespecific based on risk assessments. Multiple premises cover extends to product liability and work away risks. Some insurers reimburse voluntary costs incurred by the insured in taking emergency preventive action. Fixed premium policies can be written for up to five years. See CONTAMINATED LAND.
Environmental Liability Directive (ELD)
Aims to establish a framework whereby environmental damage will be prevented and restoration carried out. Environmental damage is widely defined and includes water pollution, land contamination that poses a threat to human health and biodiversity damage in areas protected by European and national legislation. The person causing the damage is liable for the restoration. Insurance is not compulsory, although the proposal requires member states to encourage operators to use insurance or other forms of financial security. The proposed directive covers activities such as releasing heavy metals into water or the air, installations producing dangerous chemicals, landfill sites and incineration plants.
Environmental Management Systems (EMS)
Risk management approach to eliminate/control environmental risks. The systems should cover: organisational structure, responsibilities, pracresources for tices, processes and implementing and maintaining environmental management. Insurers underwriting environmental impairment liability cover look more favourably on companies with EMS.
Environmental Protection Act 1990
Uses integrated pollution control to prevent pollution from emissions to air, land or water from scheduled processes. Authorisation to operate relevant processes must be obtained from the enforcing authority which for the more heavily polluting industries is HM Inspectorate of Pollution. Control of pollution to air from less heavily polluting processes is through the local authority. The regulations also place a duty of care on all those involved in the management of waste.