Municipalities

A fire at a municipal facility could emit toxic fumes and smoke from the materials stored in the buildings or due to a mix of materials resulting from the fire. Firefighting solutions such as water and foam could create contaminated run-off that spreads to nearby storm drains or properties. Additionally, municipalities may have firefighter training sites that may have used foam. Per- and poly-fluoroalkyl substances (PFAS), linked to numerous health issues, have been found in firefighting foams. Claims for environmental cleanup and tort liability may result from past or present releases during fires or past use of foams at training sites.

Stormwater run-off could come in contact with municipal facilities’ chemicals, debris, fueling areas, wastes, and other outside storage. Heavy-duty trucks, cranes, construction vehicles, and forklifts loading and unloading or used in operations at municipal facilities can leak automotive fluids on the property. If stormwater is not properly controlled, contained, or pre-treated before discharge into sanitary or storm drainage systems, it can pollute soil and groundwater or discharge directly into surface waters, impacting human health and aquatic systems.

Air emissions can emanate from releasing exhaust or toxic gases from equipment or processes at municipal facilities. Vehicles and powered equipment, such as forklifts, trucks, and cranes, may be used at the facility. 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. Chemicals may be stored that produce a vapor cloud if accidentally released. Air emissions or a vapor cloud release can pose health hazards to third parties.

Older buildings owned by the municipality may contain asbestos, lead, and PCBs. Asbestos-containing material (ACM) can be found in ceiling and floor tiles, wiring insulation, and structural steel fireproofing. PCBs can be found in areas such as window caulk and light ballasts. Lead could be present in paint or pipes. Third-party bodily injury claims may result from accidental disturbance and alleged exposure during renovation, construction, or interior remodeling.

Mold could develop in a municipal building from moisture intrusion due to storms and flooding or from leaking water pipes, sprinklers, and HVAC systems. Some municipally owned buildings may have flat roofs where pooled water can damage the roofing material and seep into sub-roof areas. Mold can develop in HVAC systems, such as air handling units, coils, and ductwork, or from improper building ventilation or humidity management of climate-controlled buildings.

Existing soil or groundwater contamination may be on, under, or adjacent to a property, resulting in potential environmental liability. Many municipalities own land or facilities used as industrial or manufacturing sites, which may be contaminated and require extensive and often expensive cleanups. Without knowledge of existing contamination at the site, the municipality may be held responsible for addressing the cleanup or remediation of the property.

Legionella is a bacterium that causes potentially fatal pneumonia known as Legionnaires’ disease. Legionella can thrive in water-containing systems like large air conditioning systems, water heating systems, and industrial water-cooling systems. The water-containing systems in municipal facilities may contain the legionella bacterium that can cause illness to third parties.

Improper management and monitoring of aboveground and underground storage tanks can lead to spills and releases to the environment that may contaminate the soil and groundwater at the site. The contaminants may migrate off-site in groundwater or by entering dry wells, sewers, or storm drains. Spills can also occur while loading and unloading petroleum products and chemicals into aboveground and underground tanks.

Accidental releases during the transportation of petroleum products, chemicals, or wastes by or on behalf of a municipality due to improper cargo securement, a loose valve, or vehicle upsets or overturns can cause environmental harm.

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.