Stormwater Run-off
Lead bullets, bullet particles, dissolved lead, and other metals from an outdoor gun range may contaminate soil and groundwater and can collect in stormwater run-off. If these metals are not properly contained, managed, and maintained, they could migrate and contaminate neighboring properties leading to third-party claims for property damage and bodily injury.
Toxic Metals
People living near gun ranges and the surrounding wildlife and natural resources are at greater risk for harm and health issues if exposed to the toxic metals on the sites. This exposure can lead to many health issues, including reproductive harm, developmental issues in children, paralysis, neurological damage, and even death. Lead from gun ranges could enter nearby wetlands and waterways such as lakes, rivers, or streams and cause contamination, negatively impacting fish and wildlife.
Biological and Particulate Hazards
Ranges with buildings present may receive third-party claims for bodily injury for the exposure to mold or legionella growth, which could be present in air conditioning and misting systems or exposure to lead dust from ammunition used at the site.
Soil Remediation
There are several options for removing lead from soil on-site. Options can include soil washing or flushing, which uses a washing fluid and can generate wastewater and sludge that must be properly treated for reuse or disposed of as hazardous waste, and soil reclamation, which can generate contaminated dust. Proper protective gear must be worn by those conducting the process, and dust must be controlled on-site and during any transit for disposal to avoid violating air quality standards.
Lead
Older buildings may contain lead-based paint. Lead could also be present in the pipes. Lead in pipes can get into drinking water, and paint chips and dust from lead-based paint can be ingested. Exterior lead-based paint can also leach into the soil around the structure. Lead exposure can cause significant bodily injury, including brain damage, nervous system problems, learning disabilities, reproductive issues (miscarriage or stillbirth), and muscle and joint pain. Extremely high levels of lead can cause anemia, affect kidney function, and damage the nervous system badly enough to lead to seizures, coma, and death.
Existing Contamination
Existing soil or groundwater contamination may be on, under, or adjacent to the property, resulting in potential environmental liability. Without knowledge of existing contamination at the site, the property owner may be held responsible for addressing the property’s cleanup or remediation.
Indoor Air Quality
Indoor firing ranges can expose third parties to lead suspended in the air from lead particles, smoke released during shooting, and lead dust emitted when bullets strike targets. Improper building ventilation or maintenance of the ventilation systems can pose bodily injury to shooters at the range and expose those who reside or work near the range.
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
Firing ranges generate solid waste and debris, such as shot wads and target waste. Shotgun shell casing, wads, and various packaging materials can contain lead, chemicals, and other materials potentially harmful to the environment. For example, polycyclic aromatic hydrocarbons found in clay targets are said to be known carcinogens. Improper containment, storage, and management of these wastes can lead to soil contamination at the site. Wastes taken to disposal sites must also be properly segregated and disposed of. Improperly segregated and disposed of wastes can result in regulatory fines or lead to cleanup and environmental tort liability.
Flammables
Flammable products, such as gunpowder, targets, and target stands, may spread fire and release other materials on a site. A fire at the buildings on a site could emit toxic fumes and smoke from the materials stored in the buildings or due to a mix of materials that occurs due to the fire. Firefighting solutions such as water and foam could create contaminated run-off that spreads to nearby storm drains or properties, resulting in environmental cleanup and tort liability.
Site Decontamination
Common contaminants in the soil at gun ranges, including lead and other heavy metals, require proper containment and dust reduction procedures. Contaminant removal should be hauled in covered dump trucks and taken to approved treatment, storage, recycling, or disposal facilities. Equipment must be thoroughly cleaned and decontaminated before leaving the site. Inadequate procedures can cause migration of the contamination and lead to cleanup and third-party bodily injury and property damage liability.
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 cleanup costs
Third-party claims for bodily injury and property damage
Both sudden and gradual pollution conditions
Defense costs for third-party claims
First and third-party transportation liability
Loading and unloading
Mold, bacteria, legionella, and more
Natural resource damage
Civil fines and punitive damages, where allowed by state law
Non-owned disposal sites
Illicit abandonment