Legacy Contamination
Historical uses of a grocery store site could have included commercial or industrial facilities that adversely impacted the site. Contamination from off-site sources can migrate onto a grocery store’s property. Environmental cleanup, third-party bodily injury, and property damage claims could fall on the grocery store owner.
Mold
Mold growth can result from water and wastewater releases coming into contact with building materials due to leaks, overflows, and blocked drains or pipes. Mold may also develop in other water systems, such as refrigeration or HVAC systems and water features.
Legionella
Legionella is a bacterium that causes a form of potentially fatal pneumonia. Legionella can thrive in water-containing systems like air conditioning, heating and cooling systems, and water features. It can accumulate in warm, stagnant, pooled, or infrequently drained water. Poorly maintained systems and inadequate corrosion control or sanitization can result in Legionella exposure.
Asbestos
Older buildings may have asbestos-containing materials (ACM), polychlorinated biphenyls (PCBs), or lead-based paint (LBP). ACM can be found in ceiling and floor tiles, insulation around wiring, fireproofing, and roofing materials. PCBs can be found in window caulk, light ballasts, or transformers. LBP could be present on interior or exterior surfaces. Bodily injury claims could result from accidental disturbance or alleged exposure during renovation, construction, or remodeling.
Indoor Air Quality
“Sick Building Syndrome”, where inhabitants suffer health problems while in a building, is often attributed to poor building design, maintenance, or a faulty ventilation system. Along with asbestos, lead, mold, and bacteria, other exposures that can contribute to sick building syndrome include chemicals stored on-site for routine cleaning and building maintenance, combustion products such as carbon monoxide, chemicals used for pest control, and volatile organic compounds, which may be released from many consumer products.
Fluid Leaks and Run-off
Leaks from delivery trucks of fuels, oils, and other automotive fluids on the property can leach into the ground or discharge into water systems by run-off or collection in stormwater. Run-off from paved surfaces, such as parking lots, can collect fuel, oil, and chemicals and discharge them into water systems.
Pesticides, Insecticides and Rodenticides
Leaks, spills, or over-application of pesticides, insecticides, and rodenticides can contaminate soil, surface water, or groundwater, impacting adjacent properties and stormwater run-off. Inadequate ventilation or insufficient time before re-occupation can affect third parties.
Grease Trap Systems
Some grocery stores may have food preparation facilities and associated grease traps. Leaks or spills can occur from poor maintenance or during the loading and unloading of grease wastes, resulting in soil or groundwater impacts, clogged sewer lines, or discharges to storm drains. Hydrogen sulfide gas and odors can build up, or stagnant water mixed with food and grease can form sulfuric acid, which can corrode the grease trap and associated piping. Cleanup claims, third-party bodily injury or property damage suits, or natural resource damages could result.
Refrigerants
Refrigeration systems, chillers, or walk-in coolers are often present at grocery stores. These units may use chemicals, such as ammonia, hydrofluorocarbons (HFCs), or chlorofluorocarbons (CFCs), and their release can cause serious health hazards to third parties, including respiratory illness and even death.
Generator Emissions
Heating systems and emergency generators may be present. Diesel generators and boilers can create diesel soot or particulate, an airborne carcinogen. Additionally, incomplete combustion of fuels in heating systems and generators can produce carbon monoxide, which can cause serious respiratory issues, including asphyxiation.
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.
Waste Management
Grocery stores may generate hazardous or regulated wastes that require special handling and disposal procedures. Improperly segregated and disposed of wastes can result in regulatory fines or lead to cleanup and environmental tort liability. Wastes include fluorescent light fixture ballasts, fluorescent light tubes and bulbs, paints, paint and floor strippers, solvent-soaked rags, used oil, and construction debris containing asbestos, lead, or PCBs.
Storage Tanks
Above and underground storage tanks may be at grocery store locations for heating oil, diesel fuel for generators, or fuel storage for gas stations. Leaks or spills from the tanks, piping systems, or during loading and unloading can contaminate soil and groundwater and pollute stormwater run-off.
Chemical Storage
Grocery stores may use and stock materials containing chemicals, such as automotive, cleaning, and lawn care products. Leaks or spills from improper handling or storage could result in environmental liability.
Contractors 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
Aboveground and underground storage tanks
Non-owned disposal sites
Mold, bacteria, viruses, legionella, and more
Business interruption resulting from pollution conditions
First and third-party transportation pollution liability
Loading and unloading
Defense of third-party claims
Illicit abandonment
Natural resource damage