Environmental Structured Settlements provide a risk solution to responsible parties and regulators where guaranteed cash flow is vital to the long term stewardship of a clean up project.
Environmental Structured Settlements are an ideal solution for larger clean up projects such as closure of large industrial sites, landfills, mines, Recovery Conservation and Recovery Act (RCRA) and the like with stable stewardship obligations.
Environmental Structured Settlements enable the Party Responsible to advance fund present value and guarantee fixed and determinable future clean up obligations. Payments can be guaranteed for as long as 50 years, extending beyond the duration limits set forth in most pollution liability insurance policies. Moreover, fund recapture IS possible.
Environmental Structured Settlements involve a promise to make future periodic payments to a fund or trust set forth in a stewardship agreement, in which the “promise to pay” may be assigned to third party by way of a Non Qualified Assignment (NQA). The non qualified assignee is guaranteed by an A.M. Best rated A+XV (Superior) domestic US insurer.
Bankruptcy of the party responsible for the clean up DOES NOT affect the transaction. A 1995 paper by Bruce M. Diamond, then EPA Director of the Office of Site Remediation Enforcement entitled “Exploring the Use of Annuities as Funding Tools for Superfund Settlements”, stated that “because annuities are sold and administered by large, regulated, conservative financial institutions with substantial assets, their promise to pay over a long time may be more reliable than that of a business PRP lacking the same resources or stability”.
The use of a Non Qualified Assignment also means that the regulator or governmental authority does not have to own the annuity.
There are no ongoing management or investment fees. We earn a one time commission from the placement of the environmental structured settlement annuity or annuities.
CALL 888-325-8640 for more information or to discuss the viability of the environmental structured settlement approach for a clean up project in which you have interest.
|