Emergency Response Cleanup

During emergency response cleanup, failure to properly seal off, clean up and decontaminate a jobsite or failure to properly use equipment could cause a release of contaminants into areas previously unaffected or leave residual pollutants that can lead to further contamination in soil and groundwater or claims for third-party liability.

During an emergency response cleanup, hazardous materials and waste require proper handling and disposal procedures. Collected wastes must be properly characterized and segregated based on their type and associated hazards. Hazardous wastes or materials that require special disposal procedures could be mixed with non-hazardous wastes and improperly disposed of. Improperly segregated and disposed of wastes can result in regulatory fines or lead to cleanup and environmental tort liability. When an investigation for improper disposal occurs at a disposal facility, it can result in potential liability for all parties that manifested waste into the facility.

Waste container breaches or improper handling of hazardous waste may result in releases at the jobsite or storage location. Releases can also occur during loading and unloading operations and transportation to and from the jobsite to a disposal facility or storage location. During the cleanup of hazardous and non-hazardous materials, emergency response cleanup contractors may be required to transport and store this waste at their site or temporary storage facilities pending final disposal.

At sites where emergency response activities are to be conducted, contractors may store, transport and use hazardous chemicals, disinfectants, deodorizers, and fungicides. Spills or leaks of these materials during storage, transporting, or loading and unloading operations can lead to cleanup liability for the contractor. At the cleanup site, chemicals used at improper application rates or concentrations, combined with other chemicals or incorrect delivery systems, can leave residues inside buildings, impacting human health by direct surface contact, inhalation, or can collect in run-off from outside surfaces.

Stored stock supplies, including chemicals used to clean and disinfect sites, are often in concentrated form. Container leaks of incompatible or reactive materials may cause a release of toxic gas or fumes (such as hydrogen chloride or ammonia) or generate enough heat for the combustion of nearby burnable materials.

Equipment used during emergency response operations may be powered by diesel fuel and require petroleum-based hydraulic fluids and lubricants. Spills and leaks might occur during refueling or maintenance, contaminating jobsite soils and the business equipment yard.

Fuel and chemical spills must be contained and cleaned up. Emergency response contractors may use sorbents, booms, socks, or spill pads when containing spills. Vacuum trucks may be used to recover liquid products. Waste materials recovered or generated at spill sites must be properly characterized and disposed of.

Wastewater generated at work sites from wet solution cleaning procedures can contain contaminants such as silts, detergents, oil/grease, solvents, pathogens, biohazards, molds and mold spores, bacteria, flame retardants, and other toxic chemicals. Wastewater from these operations can create migratory pathways for contamination to flow on or off-site if recapture methods are not in place or the wastewater flows beyond recapture points. Releases may damage a private septic system, drinking water well, soil, or groundwater. Releases to a stormwater drain inlet or ditch may contaminate surface water and harm natural resources.

Untreated wash water generated from cleaning emergency response equipment and personal protective gear must be properly managed, contained, and disposed of to prevent it from being discharged into the sanitary sewer system and potentially contaminating and damaging the downstream wastewater treatment plant.

Improper identification or the failure to completely identify and remove all contamination may result in inadequate recommendations and remedial actions, resulting in the spread of contaminants, residual hazards from incomplete abatement, additional remediation, tort liability, punitive damages, fines, and regulatory violations.