ERP - Environmental Risk Professionals

Waste Generation and Disposal

Improper disposal of waste can lead to off-site contamination of soil, surface water, and groundwater and result in environmental tort liability. Materials such as discarded paint products, solvent-soaked rags, spent abrasive grit, and containment sheeting can be classified as hazardous waste and require special disposal procedures. A contractor can be considered a waste generator and retain cradle-to-grave liability, potentially being held liable for cleanup costs in the environmental cleanup of a non-owned disposal (NOD) facility where they sent wastes.

Wastewater

Surface preparation, equipment cleaning, and personal protective equipment decontamination can generate hazardous wastewater. Failure to properly manage, store, and dispose of untreated wastewater can contaminate the surface water and harm aquatic life.

Lead-Based Paint (LBP)

Older bridges may contain lead-based paint (LBP). Improper identification or failure to fully identify and abate LBP may result in inadequate remediation. This can result in hazardous air emissions, additional remediation, tort liability, punitive damages, and regulatory fines.

Hazardous Air Pollutants (HAPs)

Abrasive blasting used to strip legacy coatings can generate dust contaminated with lead-based paint, hexavalent chromium, and cadmium. Failure to properly assess the materials or to contain the area could expose workers and third parties to hazardous air emissions, resulting in regulatory violations and fines.

Chemical Usage, Storage, and Transportation Spills

Accidental spills and leaks of materials such as industrial coatings, solvents, and chemical strippers could occur at storage locations, at jobsites, or during transportation, leading to cleanup costs and third-party property damage claims.

VOC Emissions

Many industrial structural coatings contain solvents that off-gas VOCs during application and curing. Exposure, even for a short period, can cause severe and lasting impacts, such as kidney or liver damage or respiratory problems.

Microbial and Biological Pathogens

Under-decks of bridges are common roosting areas for wildlife. The removal or disturbance of bird or bat droppings from bridges can expose workers to dangerous pathogens, such as Histoplasma, a fungus that causes a lung infection called Histoplasmosis, and Chlamydia psittaci, a bacterium that causes a respiratory illness called Psittacosis.

Contractors Pollution Liability Can Provide Coverage For

Contracting operations completed “by or on behalf of” the insured

Contracting operations performed at a jobsite

Third-party claims for bodily injury

Third-party claims for property damage

First-party emergency response costs following containment breaches or chemical spills

Mold, legionella, bacteria, viral pathogens, fungi, lead, and asbestos disturbances

Sudden and gradual pollution conditions arising from jobsite operations

First and third-party transportation pollution liability (waste transit and equipment hauling)

Loading and unloading

Non-owned disposal site (NODS) liability for waste payloads transferred to commercial landfills

Defense of third-party claims and regulatory enforcement actions

Claims Scenarios & Examples

A bridge painting contractor was spray-applying a zinc-rich epoxy primer to a highway overpass. Sudden wind gusts bypassed the localized containment curtains, carrying atomized paint droplets over an adjacent commercial business district and a public parking lot. Over 80 third-party vehicles, along with the exterior facades of two commercial buildings, suffered extensive overspray damage. The contractor paid $245,000 for vehicle detailing, building remediation, and third-party loss-of-use claims.

During a blast-cleaning operation over a protected river, a major tear occurred in the under-deck containment tarp system during an overnight storm. Thousands of pounds of spent copper slag abrasive mixed with toxic lead-paint chips fell directly into the river. Environmental agencies mandated an immediate emergency dredging operation to recover the heavy metals. The contractor was hit with severe Natural Resource Damage (NRD) assessments for impacting local fish habitats and ordered to pay $780,000 in emergency response costs and environmental fines.

A contractor properly profiled, packaged, and shipped leaded paint waste through a licensed hauler to an approved hazardous waste landfill. Ten years after the project was completed, the landfill's liner failed, contaminating the local groundwater aquifer. The EPA designated the landfill a Superfund site. Due to "cradle-to-grave" accountability, the bridge painting contractor was named a Potentially Responsible Party (PRP). The contractor paid $115,000 in long-term defense and cleanup litigation.

While preparing the underside of an old metropolitan steel truss bridge for painting, workers used high-pressure washing to remove thick layers of pigeon guano. The contractor failed to properly seal off the pedestrian walkway directly beneath the scaffolding. Several pedestrians inhaled the aerosolized fungal spores (Histoplasma capsulatum) and developed severe fungal respiratory infections, resulting in multiple third-party bodily injury lawsuits. The contractor paid approximately $320,000 in medical expenses, legal defense costs, and bodily injury settlements.

Contractors

Bridge Painting Contractors

Environmental Exposures May Include