Site Pollution Liability

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 by entering drywells and storm drains, damaging sewer systems, soil, and groundwater on neighboring properties. Spills can also occur during the loading and unloading of petroleum products into aboveground and underground tanks.

Existing soil or groundwater contamination may be on, under, or adjacent to a property, resulting in potential environmental liability. Without knowledge of existing contamination at the site, the owner or occupant may be held responsible for addressing the cleanup or remediation of the property.

Some products are flammable and may result in a fire that spreads and releases other materials contained 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.

Illicit abandonment is the illegal dumping of pollutants on a property. 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.

Leaking of fluids, such as motor oil, hydraulic fluid, gasoline, or diesel fuel from equipment stored on the site, such as trucks, cranes, construction vehicles, and forklifts, can lead to contamination of the soil, groundwater, or surface water. Releases to surface water may cause damage to natural resources such as fish, wildlife, biota, and air, and it may also negatively impact local drinking water sources.

Legionella is a bacterium that causes potentially fatal pneumonia known as Legionnaires’ disease. Legionella can thrive in water-containing systems like large air conditioning, heating, and industrial water cooling systems. The water-containing systems in buildings on a site, such as manufacturing and industrial facilities, warehouses, and storage facilities, may contain the legionella bacterium that can cause illness in employees or visitors to the property.

Mold could develop in the building on-site from moisture intrusion due to storms and flooding or from leaking water pipes, sprinklers, and HVAC systems. Many warehouse buildings on sites are flat-roofed, where the roofing material absorbs pooled water and seeps into sub-roof areas. Mold can also develop in HVAC systems, such as air handling units, coils, and ductwork, or from improper building ventilation or humidity management of climate-controlled storage.