How is this policy used?
A growing number of firms, primarily from the environmental engineering
services sector, is actively pursuing opportunities to help contaminated
property owners resolve liability issues through such transfers.
These
liability outsourcing contracts are supported by comprehensive financial
assurance and insurance programs which can, in some cases, run for
30 years or more.
Environmental
Liability Transfer programs allow organizations to transfer the
responsibility and management of known contamination issues, large
and small, for a single facility or group of properties. These programs
may also transfer third-party "toxic tort" liability and
legal defense costs. In most cases, ownership and control of the
asset are not transferred and organizations can still realize value
from sale or development opportunities.
The
principle benefits of these innovative programs include:
- Cost
certainty and stakeholder reassurance
- Creation
of real estate value for non-performing assets
- Facilitation
of transactions
- Improved
financial disclosure and accounting treatment of liabilities
- Reduced
management distraction on non-core operations
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