Skip to main content
main content, press tab to continue
Article | People & Risk Coach Reference

Environmental liability insurance and subsidy for soil remediation

By Michail Willems | October 19, 2022

To determine and remediate any soil contamination, there is an obligation to carry out soil surveys. In case of damage, an additional soil survey and possible remediation must be done.
Environmental Risks
N/A

Companies in the garage, bodyshop or agricultural machinery sector are increasingly facing environmental damage in the form of soil pollution. To determine and remediate any soil contamination, there is an obligation to carry out soil surveys. In case of damage, an additional soil survey and possible remediation must be done. This is costly and can mean a big loss.

TRAXIO believes it is important that you are well informed about these risks and possible solutions.

Legal obligation

Companies in the garage, bodywork or agricultural machinery sector are subject to a requirement for an Orientation Soil Survey (OBO) every 20 years. This investigation determines whether soil contamination has occurred.

Was your business launched before 1 June 2008?

If so, the Exploratory Soil Survey should already have been carried out.

Did your company start up after 2008?

Then the investigation should take place no later than 12 years after start-up.

Soil pollution and decontamination

If the CAB shows that there is soil contamination, a descriptive soil survey and possibly remediation are required. This involves high costs, depending on the size, type and accessibility of the contamination. Any organisation within the industry can come across this.

How is soil pollution caused?

There are various causes for soil contamination. Some examples of activities that can cause soil pollution are:

  • Storage of mineral oils, lubricating oil, waste oil
  • The use of a spray booth
  • Fuel oil tank for heating a garage or workshop.

Reduce possible costs with TRAXIO

To avoid jeopardising your business continuity, it is important to be aware of this risk and consider covering the risks through insurance.

TRAXIO gives you access to Tersana's grant solution and insurance solution through Willis Towers Watson.

Environmental liability insurance

This insurance provides TRAXIO members with cover against uninsured, unbudgeted and immediately payable expenses belonging to:

  • Environmental cleaning liabilities
  • Potential long-term liability
  • Tort claims
  • Third-party liability (physical injury/property damage) and/or legal defence costs arising from environmental exposures, including operational, known, unknown, historical and future environmental issues.

Coverage overview

Coverage overview environmental liability insurance
Coverage Environmental liability insurance
Sudden and accidental pollution, third-party claims Covered
Sudden and accidental pollution recovery of damaged watercourses, species and habitat Covered
Gradual pollution Covered
Clean-up costs own site Covered
Pre-existing contamination Covered in specific cases and decided upon by the insurer
Physical contamination due to Cyber attack Covered
Prevention costs and Emergency costs Covered

For the full coverage overview, please refer to the insurer's terms and conditions

Tersana can help you both in the execution of the CAB and in the remediation if soil contamination is found.

Tersana has drawn up a framework that recognised soil decontamination experts must comply with in order to carry out a qualitatively and financially correct PDR. In addition, Tersana will advance you €1,400 if there is contamination as a result of the activity and if certain conditions are met.

If the CAB reveals soil contamination, you are entitled to a 40% subsidy for the following investigations and soil remediation through Tersana.

With this subsidy, the government covers as much as 40% of the cost of Tersana's investigations, remediation works and services.

Example

The survey and remediation work together cost €50,000.

For Tersana's operation, 25% is added, which is €12,500.

The total price is now €62,500.

With subsidy through Tersana, the cost is: €37,500 (40% ( or €25,000) of the €62,500 is subsidised by the government)

Time is running out to sign up to Tersana

Tersana's initial notification period expired on 31 March 2022. Terrsana has applied for an extension from the Flemish government. It will start back on 1 December 2022 at the earliest. Be sure not to miss the train of the second registration period by pre-registering with Tersana without any obligation. Importantly, this first step does not oblige you to anything with regard to Tersana, but it does give you peace of mind. You will decide on the final affiliation later after the CAB. You can pre-register by clicking on the button at the top right of our website.

Conclusion

Not only are the laws and decrees around pollution getting stricter, there is also a much greater awareness around the environment and around the liability of polluters. The cost of an environmental damage can be very high and the impact on the reputation of the company involved is often very severe.

The general liability policy provides very limited cover for sudden and accidental environmental damage but most damage occurs unnoticed and gradually. The environmental liability policy offers companies the solutions to cope with the consequences of all kinds of environmental damage.

So make quick work of taking out Environmental Damage Insurance and your affiliation with Tersana for the necessary support and grant of 40% in costs because even with the grant, the costs can still be very high.

Contact us