Environmental Damage (Prevention & Remediation) Regulations 2009

The Environmental Damage regulations (EDRegs) were implimented in England in March 2009 and their equivalent in Wales, Scotland and N Ireland in May, June and July 2009 respectively. It was anticipated that these regulations would be used only in the event of the most serious of water pollution incidents. However, our experience is that the regulations can be triggered quite easily and relatively frequently when dealing with oil losses affecting domestic properties. Even a small oil loss can give rise to fumes within a property and cause occupiers to feel unwell.

 

The EDRegs have introduced the concept of Primary, Complimentary and Compensatory remediation requirements. This extension to remediation requirements and associated costs has given insurers much cause for concern. Claims cost are potentially open ended with increased survey and monitoring requirements.

 

It has also been interesting to see how regulators have responded in their consideration of the application of the new EDRegs. There is still a general lack of understanding and awareness of the legislation. It is, therefore, essential that polluters, loss adjusters and insurers get the best possible advice and guidance at the earliest opportunity. OHES can provide a complete investigation and remediation management service to include Primary, Complimentary and Compensatory remediation options.

 

Our environmental claims team includes experienced Ecologists to assess damage to habitat, Sites of Special Scientific Interest and Protected Species. We have managed a number of high profile incidents where the EDRegs have applied and our comprehensive offering has been extremely well received by clients and insurers alike.

 

 

Contact OHES

Call +44 (0) 870 240 3329 or
email info@ohes.co.uk