Storage Tanks
Aboveground and underground storage tanks may store petroleum products and automotive fluids, including gasoline, diesel, new and used oil, and antifreeze. Improper management and monitoring of aboveground and underground storage tanks and associated equipment can lead to spills and releases. Spills can also occur during the loading or unloading of materials. Underground storage tanks, dispensers, sumps, piping, and other components may leak over time or fail. Aboveground storage tanks have the potential to experience leaks from tank bottoms or ruptures. Damage, cracks, or overflow of secondary containment or inadequate secondary containment can allow leaked contents to leach into the underlying soils and groundwater. Released contaminants may contaminate soil or groundwater, enter drywells or storm drains, migrate to neighboring properties, or degrade natural resources.
Fuel & Fluid Run-off
Fluids, such as motor oil, hydraulic fluid, gasoline, or diesel fuel, can leak from vehicles being filled up or serviced at the station or accidental spills and leaks from nozzles during fueling. These can lead to soil and groundwater contamination, or pollutants can collect in stormwater run-off and enter drywells or storm drains, leading to surface water. Releases to surface water may cause damage to natural resources such as fish, wildlife, and biota, and it may also harm local drinking water sources.
Hydraulic Lifts
Hydraulic lifts may be at gasoline service stations with repair facilities to raise vehicles for servicing and other automotive work. Hydraulic lifts can either be below or aboveground, and releases from underground hydraulic oil reservoirs can easily go undiscovered, allowing hydraulic fluid to leak into the subsurface over a long period, causing soil or groundwater contamination. Releases from aboveground lifts can also migrate to soil or groundwater or enter storm drains, sewer systems, or drywells, resulting in contamination.
Oil Water Separators
Oil water separators may be at gasoline service stations with repair facilities and can be in-ground or aboveground. These structures receive oily wastewater and may develop leaks allowing oil to seep into the surrounding soil and groundwater. Releases can result in on-site contamination, or contamination can migrate to neighboring properties.
Wastewater
Wastewater from car washes may have high levels of oil, grease, suspended solids, and heavy metals, as well as cleaning chemicals, degreasing solvents, and detergents. Run-off from washing areas creates the potential for pollutants to enter sewer drains or storm drains, where they can contaminate water sources and cause natural resource damage.
Chemical Storage
Petroleum-based cleaning products, degreasers, new and used oil, antifreeze, and solvents, must be properly stored on the site. Gasoline service stations also may store new and used batteries on their properties. Improper storage of these chemicals or batteries can result in the release of contaminants.
Waste Management
Gas stations generate wastes such as used oil, auto fluids, lead-acid batteries, wastewater, used tires, sludge, and oil from oil/water separators, shop rags, hazardous waste, and solid wastes. The generator must determine if its wastes are hazardous and require special disposal or recycling procedures. Wastes must be properly characterized, transported, and disposed of at facilities that accept the material. Waste generators retain “cradle to grave” liability for waste disposal and could become liable for pollution conditions at non-owned disposal sites (NODS).
Accidental Releases During Transport
Transporting waste materials from the gas station by the owner or third-party carriers to disposal sites or recycling centers can lead to environmental liability while on the road and during loading and unloading operations. Spills or leaks resulting from accidents or improper cargo securement can lead to third-party and cleanup liability.
Asbestos
Asbestos can be found in automotive brake pads and clutch systems. When asbestos fibers are disturbed and released, they can be inhaled and cause serious health hazards or fatal diseases such as asbestosis, lung cancer, and mesothelioma.
Flammables
Some products at gasoline service stations are flammable and may result in a fire that spreads throughout the facility, releasing potentially hazardous toxins into the air. A fire could also emit toxic fumes and smoke from the burning materials at the property or due to a mix of materials due to the fire. Firefighting solutions such as water and foam could create contaminated run-off that spreads to nearby storm drains or other properties, resulting in environmental cleanup and tort liability.
Vapor Emissions
Vapor recovery systems at gasoline service stations are designed to capture up to 95% of the vapors and recycle them into fuel storage tanks. However, some vapors are emitted into the atmosphere from fuel dispensing and other sources. The release of vapors into the atmosphere from petroleum products, cleaning products, and idling cars at gas stations can contribute to air pollution.
Environmental 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
Defense of third-party claims
First-party and third-party transportation pollution liability
Non-owned disposal sites (NODS)
Business Interruption expenses resulting in pollution conditions
Loading and unloading
Aboveground and underground storage tanks
Mold, bacteria, legionella, and more
Natural resource damage
Emergency response expenses
Civil fines and punitive damages, where allowed by state law
Illicit abandonment