Legacy PCB Building Materials & Exposure Toxicity
The manufacturing of PCBs was stopped by the U.S. government in 1979 due to their harmful health effects and because PCBs are extremely persistent. PCBs remain in various forms in older buildings, such as lighting ballasts, caulking, mastic, paints, or transformers. There is no such thing as a “safe level” of PCBs. PCBs can accumulate in the soil and penetrate porous materials. PCB exposure can occur by direct contact, volatilization, deterioration, or disturbance of PCB-containing materials and cause health hazards through inhalation, ingestion, and dermal contact. Exposure has been linked with congenital disabilities and various other health problems.
Flawed Sampling & Site-Wide PCB Dispersal
Inadequate assessment or improper sampling activities could lead to contamination exposure to building occupants, disturbance, and spread of PCBs. PCB contamination could spread to any area serviced by the HVAC system. PCBs from exterior caulk, sealants, and paints can migrate into and contaminate the surrounding soil. Improper characterization of PCBs can lead to the mishandling of PCB waste or the spread of PCB-contaminated soil.
High-Heat Abatement Gases & Solvent Stripping
Some PCB removal methods can increase exposure to third parties and require stronger protective and containment measures. Using mechanical tools or abrasive blasting can generate heat and fugitive dust. If high heat is generated, inhalable PCB gases may be released and building occupants exposed. Chemical cleaning methods may involve using hazardous solvents such as hexane, kerosene, diesel, mineral oil, and terpene hydrocarbons. These can release fumes during use, which could impact third parties, or spills of these solvents can cause additional contamination.
Co-Occurring Asbestos, Lead & PCB Disturbance
Some materials, including caulking, may contain other contaminants, such as asbestos and PCBs. Asbestos-containing materials and lead-based paint are more likely present in older buildings with PCB-containing materials. Inadvertent disturbance during sampling or abatement work can release hazardous inhalable fibers or particulates. Improper containment, handling, transporting, and disposal of asbestos or lead-containing materials can lead to third-party claims and cleanup liability.
Worksite Containment Failures & Fugitive Dust Migration
Inadequate containment measures at the worksite can allow PCB-contaminated airborne dust to spread and contaminate surrounding areas, leading to third-party and environmental cleanup liability. This includes constructing the containment area, managing HVAC systems, storing removed PCB-containing materials, and cleaning the worksite and equipment to ensure particle removal.
Clearance Testing Deficiencies & Residual PCB Contamination
Air sampling or wipe samples may be collected to determine if PCBs have been properly contained and decontaminated. Failure to adequately confirm that PCBs have been properly contained and cleaned can expose contractors and third parties to remaining contaminants and lead to third-party claims and cleanup liability for a remediation contractor.
Non-Compliant PCB Waste Disposal & EPA Violations
Improper disposal of PCBs can lead to environmental liability. The disposal of PCB-containing materials is regulated, and any entity storing, transporting, or disposing of PCBs must notify the EPA. PCBs can be released into the environment from poorly maintained hazardous waste sites, illegal or improper dumping of PCB wastes, and the disposal of PCB-containing wastes into municipal or other landfills not designed to handle hazardous waste.
PCB Remediation Waste & Decontamination Wastewater
Wastes generated from cleanup activities fall under PCB Remediation Wastes and may also be regulated. This includes cleaning materials such as rags, mops, gloves, protective suits, equipment such as HEPA filters and vacuums, and wastewater from mopping, wet cleaning, or misting. Failure to properly decontaminate or dispose of these materials in an appropriate waste facility can lead to cleanup and environmental tort liability.
PCB Waste Transportation & Transit Spill Liability
Transporting PCB-contaminated waste, soil, materials, or wastewater from cleanup activities to a disposal facility can lead to environmental liability. Accidental spills or leaks can occur on the road and during loading and unloading, leading to third-party and cleanup liability.
Contractors Pollution Liability Can Provide Coverage For
Contracting operations completed “by or on behalf of” the insured
Contracting operations performed at a jobsite
Third-party claims for bodily injury and property damage
Third-party claims for cleanup costs
Abatement contractors may be able to combine Commercial General Liability, Contractors Pollution Liability, and Professional Liability into one package policy. Workers’ Compensation & Automobile policies may also be offered.
Sudden and accidental coverage for owned/leased locations
Mold, legionella, bacteria, fungi, lead, asbestos, and more
First and third-party transportation pollution liability
Loading and unloading
Defense of third-party claims
Natural resource damage
Non-owned disposal sites
First-party emergency response cost
Claims Scenarios & Examples
