Fluid Leaks
Leaking of fluids, such as motor oil, hydraulic fluid, gasoline, or diesel fuel from vehicles being washed on the site, can lead to contamination of the soil, groundwater, or surface water. Releases to surface water may negatively impact local drinking water sources or cause damage to natural resources such as fish, wildlife, and biota.
Untreated Discharge and Sewer Contamination
Contaminants, including soapy water containing grime, grease, sand, dirt, detergents, and cleaners, could be washed off vehicles directly into storm drains or drywells and enter the local sewer system or drinking water sources. Untreated wash water discharged into the sanitary sewer may contaminate and potentially damage the downstream wastewater treatment plant.
Sludge Management
Sludge can build up over time in oil water separators and must be cleaned out periodically. Failure to properly maintain oil water separators can lead to backup and overflow issues or oil and sediment-laden water being discharged to the sanitary sewer. Improper discharge of wash water can impact the downstream wastewater treatment plant, while overflow can reach and contaminate soil, groundwater, or surface water media. Accidents or overturns during transportation to a landfill for disposal could release wastewater and sludge and lead to a potentially expensive cleanup operation.
Stormwater Run-off
Stormwater can come in contact with untreated wash water and other contaminants collected on-site, such as automotive fluids and fuels that have leaked, and enter on-site storm drains. Impacted stormwater not properly contained on-site can exit the site and enter storm drains, streets, and adjacent properties, resulting in third-party property damage claims. Stormwater is the most common source of stream, river, lake, ocean, and tributary pollutants and can devastate aquatic life.
Waste Characterization and Disposal
Car washes must properly manage wastewater sludge, grit-trap waste, used oil, solvents, and cleaners to avoid improper storage, handling, and disposal issues. Improper characterization or disposal of wastes can lead to environmental tort liability.
Moisture Intrusion and Mold
Mold could develop from moisture intrusion due to storms, flooding, or leaking water pipes, sprinklers, and HVAC systems. Many buildings are flat-roofed, where pooled water can be absorbed by the roofing material and seep into sub-roof areas. Mold can also develop within HVAC systems (air handling units, coils, and ductwork) or from improper building ventilation or humidity management of climate-controlled storage.
Legionella
Legionella is a bacterium that causes potentially fatal pneumonia known as Legionnaires’ disease. Legionella can thrive in water-containing systems like large air conditioning, heating, and industrial water cooling systems. Warm, stagnant water can be a breeding ground for legionella growth. Water used at car washes may experience periods of stagnation in water tanks and may not be pre-treated or properly disinfected. Water may also be recirculated and contain dirt, sediment, oils, and soaps, which can provide nutrients that promote bacterial growth. The aerosol dispersal of water from misters and sprays can travel long distances and create exposure to visitors and nearby third parties.
Chemical Storage
Chemicals used at a car wash that may be stored in bulk include cleaners, detergents, solvents, and degreasers. These chemicals and automotive fluids may be hazardous and potentially impact the environment and third parties if not properly used or stored at the property. Improper storage, containment breaches, leaks, or hazardous materials spills during loading and unloading can release hazardous and non-hazardous materials into the environment or buildings. Combinations of incompatible chemicals can react violently or produce toxic byproducts/gases when stored together or mixed.
Illicit Abandonment
Illicit abandonment is the illegal dumping of pollutants on a property by a third party. It can become the property owner’s burden for cleanup and third-party bodily injury or property damage if law enforcement cannot locate the originator of the waste.
Environmental Pollution Liability Can Provide Coverage For
On-site cleanup of new and pre-existing pollution conditions
Off-site cleanup of new and pre-existing pollution conditions
Third-party claims for cleanup costs
Third-party claims for bodily injury and property damage
Both sudden and gradual pollution conditions
Civil fines and punitive damages, where allowed by state law
First-party and third-party transportation pollution liability
Business Interruption expenses resulting from pollution conditions
Aboveground and underground storage tanks
Mold, bacteria, legionella, and more
Natural resource damage
Emergency response expenses
Illicit abandonment
Non-owned disposal sites
Loading and unloading
Defense of third-party claims