Silt and Sediment
Improper erosion controls for work involving land clearing, site preparation, road construction, stormwater retention pond construction, liner construction, capping, or other landfill construction can lead to run-off of silt and sediments (fine-grained soil particulates). Rain, accidental pipe breaks, or excessive watering from dust suppression can carry these particulates off-site, impair the proper functioning of stormwater drainage systems, cause ecological damage to streams and rivers, or result in adjacent property damage. Natural resource damage or third-party claims can result. Control of silts/sediments is required under the Clean Water Act, and contractors may face regulatory action such as cleanup orders or fines and penalties from federal, state, or local regulators for mismanagement.
Pre-existing Contamination
Land that is used for the construction of a landfill can have unknown pre-existing contamination. Contractors can unknowingly spread contaminated soils to other areas of a site. Land clearing and earth movement can also impact underground utilities, including gas lines, sewage pipes, or unknown hazards such as abandoned storage and septic tanks. Accidental puncture and release of fuel oil, chemicals, or sewage can occur.
Fugitive Dust
Earth movement, land clearing, construction work on the landfill, and heavy equipment trafficking across sites can generate dust. Dust consists of tiny particles (particulate matter) that can cause respiratory issues if inhaled. Contaminated dust can cause illness to nearby third parties. Off-site migration can lead to third-party bodily injury and property damage claims.
System Failures and Leaks
During construction work on an existing landfill, such as capping, slope management, landfill maintenance, etc., landfill liners and leachate collection systems can be damaged. Damage to these systems can result in the release of contaminants from landfill waste into underlying soils and groundwater. Also, methane collection piping systems can be damaged, releasing methane into the environment.
Engineering Errors
During landfill construction, construction errors can occur, such as landfill liners breaching, leachate collection systems not functioning properly, piping systems having breaks, etc. These errors can lead to the release of contaminants from the landfill waste to the underlying soil and groundwater.
Waste Management
Occasionally, a landfill contractor may be asked to excavate contaminated soils or landfilled wastes, and these must be properly characterized. Wastes may also be generated from the construction work, including waste oils and spent maintenance fluids from equipment. If hazardous wastes are mistakenly mixed with non-hazardous wastes or improper disposal of contaminated soils or wastes from a jobsite occurs, it can lead to cleanup costs and environmental tort liability for the contractor.
Cargo Securement
Transporting waste materials from a landfill construction site by the contractor, or third-party carrier, 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.
Equipment Fuel and Chemical Spills
Heavy equipment used in landfill construction likely uses diesel fuel and requires petroleum-based hydraulic fluids and lubricants. Aboveground storage tanks, drums, or other containers may store these chemicals at the jobsite or construction yard. Spills during refueling or maintenance can occur, as well as leaks during use, which can contaminate soils or groundwater or migrate to surface waters or off-site. Diesel exhaust also contains numerous carcinogens and criteria air pollutants.
Subcontractors
Landfill construction contractors may hire subcontractors for whom they are responsible, and subcontractors’ actions can become the prime contractor’s liability. Since pollution laws are joint and several, environmental firms can be held liable for pollution caused by a subcontractor.
Field Change Risks
Landfill contractors may make modifications to design specifications while at the jobsite. Malfunctions arising from these changes create a direct professional liability for the contractor.
Errors and Omissions
Contractors may assist with a landfill design or provide professional opinions on design aspects, such as component material, testing methods, etc. Errors and omissions can delay time, overrun budgets, and cause rework. They can also fail and release contaminants from the landfill. All of these create professional liability exposures for the contractor.
A Combined Pollution & Professional Liability Policy Can Provide Coverage For
Contracting operations performed at a jobsite
Contracting operations completed “by or on behalf of” the insured
Third-party claims for bodily injury and property damage
Third-party claims for cleanup
Landfill contractors may be able to combine Commercial General Liability, Contractors Pollution Liability, and Professional Liability
Defense of third-party claims
First-party emergency response costs
Mold, legionella, bacteria, fungi, lead, asbestos, and more
Sudden and accidental coverage for owned/leased locations
Crisis/publicity management
Non-owned disposal site liability
First and third-party transportation pollution liability
Loading and unloading
Natural Resource Damage
Silt and sedimentation
Mitigation/rectification
Excess/contingent design
Claims Scenarios & Examples
