Chemical Releases
Chemicals are used in many facets of furniture manufacturing, including construction, surface preparation, staining, painting, and finishing. The types of chemicals used and wastes generated vary based on the furniture manufactured. Some typical chemicals used may include alcohols, acetone, mineral spirits, chlorinated solvents, petroleum distillates, pigments, methyl ethyl ketone, methanol, toluene diisocyanate, formaldehyde, flame retardants, phthalates, and volatile organic compounds. Releases of chemicals or wastes can occur from aboveground or underground storage tanks, process equipment, containers, wastewater treatment systems, piping systems, drains, or other areas of a manufacturing facility, which could impact the environment, harm third parties, or damage natural resources.
Stormwater Run-off
Stormwater run-off could come in contact with manufacturing facilities’ chemicals, debris, fueling areas, wastes, and other outside storage. Heavy-duty trucks loading and unloading at manufacturing facilities can leak automotive fluids on the property. The fluids can collect in a facility’s stormwater run-off that, if not properly controlled, contained, or pre-treated before discharging into the sanitary or storm drainage systems, can pollute soil and groundwater or discharge directly into surface waters, impacting human health and aquatic systems.
Accidental Releases During Transport
Accidental releases during transporting products, raw materials, or wastes to and from a manufacturing facility due to improper cargo securement, a loose valve, or vehicle upsets or overturns can result in environmental liability. Transportation exposures may be from the insured operating their vehicles or through contingent liability through those they hire.
Air Emissions
Air emissions can emanate from manufacturing processes, chemical use, or releasing exhaust or toxic gases from equipment. Vehicles and powered equipment, such as forklifts, trucks, and cranes, may be used at facilities. These types of internal combustion vehicles are powered by diesel or propane, which can emit carbon monoxide gas and diesel particulates. Improper controls or malfunctioning equipment can result in exceedances and regulatory violations. Air emissions can pose health hazards to third parties.
Flammables
Incompatible chemicals are prone to react violently or produce toxic byproducts or gases when stored together or mixed. Flammable chemicals, such as solvents, stored and used at a manufacturing facility may catch fire, spreading and releasing other contained materials. Toxic fumes and smoke can be generated from the materials stored at the site or from a mix of materials due to the fire. Firefighting water or foam could create contaminated run-off that spreads to nearby storm drains or properties, resulting in environmental cleanup and tort liability.
Historic Site Contamination
Many chemical manufacturing facilities are in industrial areas, and past operations may have impacted a facility site. Per-and poly-fluoroalkyl substances and chlorinated solvents, which are highly mobile, persistent, and often difficult and expensive to remediate, are just two of many types of chemicals that furniture manufacturers may have used in past operations. Impacts from historic site uses could be present, potentially leaving the current operator liable for cleanup under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). In addition to contamination from past on-site operations, contaminants from neighboring facilities could migrate onto a facility site. If the neighboring business owner is not properly insured or goes bankrupt, the cost of cleanup could fall on the manufacturer for their property.
Product Chemical Off-gassing
Furniture manufacturers produce products containing hazardous constituents such as flame retardants, phthalates, formaldehyde, volatile organic compounds, etc. Chemicals can be gradually released from the products into the air and can accumulate in dust. Customers may be exposed to the chemicals and have adverse reactions or health impacts. These third parties could sue the manufacturer for bodily injury arising from their products.
Wastewater
Wastewater or sludge may be generated from manufacturing processes or cleaning. Wastewater treatment systems may be present at facilities, or waste materials may be taken off-site to non-owned disposal facilities or wastewater treatment plants. Releases of insufficiently treated wastewater or spills could occur during cleaning, transport, or transfer from waste storage areas and create environmental risks. Improper waste disposal could lead to environmental liability or legal consequences for violating regulatory requirements.
Waste Management
Furniture manufacturers may generate hazardous or regulated wastes requiring special disposal procedures. Improper waste disposal could lead to environmental liability or legal consequences for violating regulatory requirements. A manufacturer can become a Potentially Responsible Party (PRP), liable for costs in the environmental cleanup of a non-owned disposal (NOD) facility where they sent wastes.
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.
Vandalism
Inadequate security at a facility may lead to vandalism. Damage to facility equipment, such as aboveground tanks or containers of chemicals, can result in environmental releases.
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 bodily injury and property damage
Third-party claims for cleanup
Both sudden and gradual pollution conditions
Defense of third-party claims
Emergency response costs
Natural resource damage
First and third-party transportation pollution liability
Loading and unloading
Products pollution liability
Business interruption resulting from pollution conditions
Aboveground and underground storage tanks
Non-owned disposal sites
Civil fines and penalties
Mold, legionella, and more
Illicit abandonment