ERP - Environmental Risk Professionals

Formaldehyde and Chemical Spills

Formaldehyde, disinfectants, and other chemicals are used in body preparation and embalming. Formaldehyde is a known carcinogen and is a regulated hazardous waste. Spills and leaks of formaldehyde and other chemicals can occur during storage and handling, leading to contamination of the environment. Additionally, third parties could be exposed to the chemical during use or storage, resulting in third-party bodily injury claims. Each embalmed body contains formaldehyde that can leach into underlying soil and groundwater during body decomposition.

Arsenic

Before 1910, arsenic was used in embalming and may have leached from buried bodies, impacting soil and groundwater.

Toxic Finish and Paint

Coffins can be made or treated with toxic materials that can leach into soil and groundwater. Wood coffins may be treated with copper chromate arsenic (CCA), and ornamental paints or finishes that contain heavy metals, such as lead, copper, arsenic, and chromium, may be present on coffins.

Biohazards and Bodily Fluids

Mortuaries and funeral homes deal with human bodies and their bodily fluids. Improper handling of bodies or bodily fluids may expose third parties to disease or nuisance odors, which could result in violations or third-party claims.

Volatile Organic Compounds

Chlorinated volatile organic compounds, including trichloroethylene and perchloroethylene, may be present or may have been used in cosmetics, adhesives, tissue builders, cleaning agents, and other products. These constituents are highly mobile in the environment. If the chemicals or wastes generated from use are improperly handled or disposed of, then contamination of the environment and tort liability may result.

Air Emissions

Crematoriums generate air emissions, including mercury, dioxins, furans, particulate matter, and greenhouse gases. Air permitting and emission control systems may be required. Emissions can impact the health of people working or living nearby. Unintended emissions could occur due to malfunctions or air pollution control equipment breakdowns. Permit violations or third-party injury claims could result.

Pesticides and Fertilizers

Pesticides and fertilizers may be used at cemeteries for landscaping. These chemicals can be toxic, and mixing, applying, transporting, loading, and container cleaning can all lead to environmental exposure. Spills, leaks, and improper application can cause these chemicals to migrate to groundwater or surface water, polluting water sources and threatening aquatic life.

Maintenance Equipment Fluid Leaks

Equipment used at a cemetery for landscape maintenance, digging trenches, etc., may use fuels and hydraulic fluids. These fluids may be stored in containers, aboveground, or underground storage tanks. Releases of fuels, oils, and fluids resulting from accidental spills or leaks during storage, loading/unloading, or use can discharge pollutants into the environment.

Cradle-to-Grave Disposal Liability

Pesticides, waste oils and oil filters, embalming chemicals, cleaners, and other materials can be classified as hazardous waste and require special disposal procedures. Additionally, biological fluids are removed from bodies, and all materials exposed to biological fluids need to be handled and disposed of as biomedical wastes. Improper characterization or disposal of wastes can result in fines and environmental liability for cleanup at a third-party disposal facility. Additionally, the generator of waste has “cradle to grave” liability for the waste. It could become liable for the cleanup of a release at a non-owned disposal facility where it sent waste.

Accidental Releases During Transport

Transportation of chemicals to these facilities or wastes from these facilities to disposal sites can present environmental risks. Improper cargo securement or accidents on the road can result in releases that can impact the environment or expose third parties to injury.

Illicit Abandonment

Illicit abandonment is the illegal dumping of pollutants on a property by a third party. It can become the burden of the facility owner for cleanup and third-party bodily injury or property damage if law enforcement cannot locate the originator of the waste.

Radioactive Implant Exposure

Deceased bodies can have radioactive implants that pose a risk to funeral home workers and third parties during embalming, autopsies, and cremation.

Environmental Pollution Liability Can Provide Coverage For

On/Off-site cleanup of new and pre-existing pollution conditions

Third-party claims for bodily injury and property damage

Third-party claims for cleanup costs

Both sudden and gradual pollution conditions

Defense of third-party claims

Emergency response costs

Natural resource damage

Illicit abandonment

First and third-party transportation pollution liability

Loading and unloading

Business interruption resulting from pollution conditions

Aboveground and underground storage tanks

Non-owned disposal sites

Crisis/reputation management

Civil fines and penalties

Mold, legionella, and more

Claims Scenarios & Examples

Metals and other contaminants impacted a water supply well adjacent to a cemetery. Investigations determined the contamination’s source was the cemetery and the associated historical burial practices. The cemetery was forced to pay for the remediation of the groundwater contamination on and off-site.

A cemetery stored diesel fuel for their equipment in an on-site aboveground storage tank, which lacked secondary containment. The tank had rusted over time and failed, spilling the fuel onto the surrounding soil. Some of the fuel also migrated to an on-site pond. Cleanup costs were high.

A cemetery was located near a community lake used for fishing and swimming. Stormwater run-off from the cemetery would routinely flow into the lake. Over time, the lake became fouled with algae from the excess fertilizer application on the cemetery grounds. The state environmental regulatory agency fined the cemetery and required them to clean up the lake.

Residents living close to a crematory filed a class action lawsuit against the facility for overwhelming odors and exhaust that emanated from the building. Residents were concerned about possible toxins in the exhaust causing health impacts, and they argued that they had a right to enjoy their property, which the odors were preventing them from doing.

A cemetery stored maintenance chemicals, fertilizers, and pesticides in a maintenance shop. The shop had a drain that led to a drywell. Over the years, leaks and small spills ran into the drain and, subsequently, the drywell. As a result, soil and groundwater were impacted. The cemetery was required to remediate the contamination.

A mortuary that used formaldehyde for embalming was located in a building with another tenant. A worker for the other tenant in the building developed cancer. He sued the mortuary claiming that he was exposed to the formaldehyde used at the facility through the building ventilation system.

A funeral home experienced a release of blood and embalming fluid when the piping to a holding tank leaked. A cemetery visitor noticed the spill and notified authorities. An emergency contractor was called to clean up the spill.

When someone noticed an oily sheen on a nearby canal, it was traced back to a cemetery, which stored new and used oil in 500-gallon tanks in a utility building on the edge of their property. Vandals broke into the building and opened one of the tank valves, spilling 200 gallons of used motor oil. Most of the oil seeped into the ground; however, some ended up in a nearby canal that adjacent residents used to irrigate their properties. The residents were told to only use the water once it was determined to be cleaned up. The cemetery had to respond with cleanup efforts.

Property Types

Crematoriums/ Mortuaries/ Cemeteries

Environmental Exposures May Include: