Plant & Tree Nurseries

Fertilizers that migrate into natural resources can cause a great deal of harm. Phosphorus is the main ingredient in synthetic fertilizers and can deplete oxygen supplies in lakes, rivers, and streams and lead to the growth of toxic blue-green algae, which can harm aquatic life.

Cultivation activities at nurseries may reduce ground cover and compact the soil, increasing run-off and soil erosion and resulting in larger volumes of stormwater run-off contaminated with silt and sediment. Improper erosion controls can allow run-off of silt and sediment into water systems, severely damaging water quality, adversely affecting channel stability, and causing ecological damage that threatens wildlife and aquatic systems.

Exposure of nurseries to weather elements creates a significant risk for stormwater run-off to collect chemicals, oils, pesticides, silt, and sediment. Stormwater encountering uncovered waste storage areas, including trash, debris, and other solid waste, such as pallets and fertilizers, herbicide, and pesticide containers, could also mobilize contaminants and enter nearby storm sewers, drywells, or surface waters. If stormwater run-off discharges into sanitary or storm drainage systems before treatment, it can pollute soil and groundwater or enter surface waters, impacting human health and natural resources.

Nurseries may use aboveground or underground tanks to store fuel for equipment on-site. Leaks from storage tank systems, spills during fueling, or leaking fluids from vehicles and powered equipment used at a nursery can contaminate the soil, groundwater, or surface water. Releases to surface water may cause damage to natural resources such as fish, wildlife, biota, and air and negatively impact local drinking water sources.

Accidental releases while transporting chemicals, wastes, or wastewater from a nursery due to improper cargo securement, a loose valve, or vehicle accidents can result in environmental liability.

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, plumbing, misters, and water features. Poorly maintained systems and inadequate corrosion control or sanitation can result in Legionella growth and dispersal through mist and airborne droplets. Exposure can result in illnesses such as Legionnaires’ disease and Pontiac Fever.

Mold could develop from moisture intrusion due to storms, flooding, or leaking water pipes, sprinklers, and HVAC systems. Many buildings are flat-roofed, where pooled water can be absorbed by the roofing material and seep into sub-roof areas. Mold can also develop within HVAC systems (air handling units, coils, and ductwork) or from improper building ventilation or humidity management of climate-controlled storage.

Recycled water may be used at a nursery site. This water could contain plant pathogens as well as bacteria and viruses, which can lead to the spread of diseases. Improper use or failure to test and treat recycled water for sanitization and preventative control practices could lead to soil contamination and third-party liability.

Nurseries can generate wastes they dispose of at non-owned disposal sites, including pesticides, fertilizers, and automotive fluids from equipment used on the property. Pesticide waste can include rinse material from containers and spray equipment, leftover spray solutions, and excess pesticides. These wastes can be classified as hazardous and must be disposed of at facilities permitted to accept this material. Waste generators retain “cradle-to-grave” liability for their waste disposal.

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.