Contamination of Soil and Groundwater

Acknowledgement to XL Environmental

THE CLAIM
An XL insured retail agricultural-chemical distribution facility selling bulk fertilizers, pesticides and herbicides was inspected by a state environmental protection agency (EPA). The EPA inspection found several fresh spills of liquid and dry fertilizers at various locations around the insured’s property. Soil samples indicated widespread concentrations of nitrates, sulfates, total dissolved solids, chlorine and fluoride above screening levels for soil and groundwater. The EPA issued a notification of discharge (NOD) to our insured and required a corrective action plan (CAP) to address the contamination at the site.

THE RESPONSE
XL’s environmental claims counsel and a technical consultant worked with our insured to respond to the EPA, develop an EPA approved CAP and retain a qualified environmental remediation consultant/contractor to implement the CAP. The CAP was completed and approved by the EPA.

THE SOLUTION
XL paid over $600,000 under our insured’s Pollution and Remediation Legal Liability Policy to address all associated costs and expenses with the clean-up of the insured’s property.

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