Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
Federal law that was passed in 1980 which governs the uncontrolled release of hazardous materials into the environment. The law contains provisions for the federal government to clean up sites where hazardous materials have been released and then recoup cleanup costs from “potentially responsible parties” (PRPs) who may be held liable for the cleanup. PRPs under CERCLA* include:
- Current owners and operators of a facility;
- Former owners and operators of a facility at the time of disposal;
- Persons who arranged for treatment or disposal of hazardous substances (commonly referred to as “generators” or “arrangers”); and
- Transporters of hazardous substances who selected the disposal site.
- *CERCLA Section 107 (a)
Contractor Pollution Liability (CPL)
CPL provides third party Bodily Injury, Property Damage and Cleanup coverage for unintentional pollution caused by covered operations performed at job sites that are not owned or occupied by the named insured. CPL may be written on either a claims made or occurrence form, depending on exposures.
Environmental Impairment Liability (EIL)
See Site Specific Pollution Liability.
Environmental Protection Agency (EPA)
That branch of the federal government that was created to protect human health and the environment by developing and enforcing environmental regulations. The website is www.epa.gov
Natural Resource Damage
Means physical injury to or destruction of, as well as the assessment of such injury or destruction, including the resulting loss of value of land, fish, wildlife, biota, air, water, groundwater, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States (including the resources of the fishery conservation zone established by the Magnuson-Stevens fishery Conservation and management Act (16 U.S.C. 1801 et. Seq.)), any State, Local or Provincial government, any foreign government, any Native American tribe or, if such resources are subject to a trust restriction on alienation, any member of a Native American tribe.
Means any solid, liquid, gaseous or thermal or biological substance, material, matter, medical or pathological waste, irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste and naturally occurring radioactive material.
Pollution Legal Liability (PLL)
See Site Specific Pollution Liability.
Professional Liability Including Pollution
Professional Liability Including Pollution covers the named insured for errors and omissions in the rendering or failure to render professional services and does not include a Pollution Exclusion, which is typically found with many Professional Liability policies.
Resource Conservation and Recovery Act (RCRA)
Federal law that was enacted in 1976 which governs the disposal of solid and hazardous waste. One of the most notable provisions of this regulation is that it establishes a comprehensive regulatory scheme for the regulation of hazardous waste. The act controls all aspects of hazardous waste and is often referred to as the “cradle to grave” regulation of hazardous waste. RCRA includes provisions which require evidence of financial assurance for certain types of hazardous waste facilities and underground storage tanks.
Site Specific Pollution Liability (SSPL)
SSPL can cover both first party cleanup costs as well as third party Bodily Injury, Property Damage and Cleanup costs. SSPL provides coverage for unintentional “site pollution conditions” which are defined as the discharge, dispersal, seepage, migration, release or escape of “pollutants” from a “covered site”.
Transportation Pollution Liability (TPL)
TPL provides coverage for accidental pollution emanating from a scheduled vehicle. It does not cover Bodily Injury or Property Damage resulting from automobiles other than the pollution aspect and does not include an MCS-90 endorsement. TPL is usually written on an occurrence form.
Note: This is a brief description only, and is not intended to be used as anything but an introduction to some of the products available through Rockhill Environmental NECC. Please consult the policy form for full coverage wording. This document does not alter, amend or change the policy in anyway.