Subsurface Work & Underground Utility Strikes
Subsurface work can 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, toxic gases, or sewage can contaminate soil and groundwater and release hazardous air emissions, resulting in cleanup costs and third-party bodily injury and property damage claims.
Erosion Control & Sediment Run-off
Improper erosion controls for work involving the disturbance, re-location, or stockpiling of soil, such as excavating, trenching, or grading, can lead to run-off of silt and sediments, which are fine-grained soil particulates. Rain, accidental pipe breaks, or excessive watering from dust suppression can carry these particulates off-site and impair the proper functioning of stormwater drainage systems, cause ecological damage to streams and rivers, or result in adjacent property damage.
On-Site Contaminated Soil Storage & Containment
Soil may be excavated and stored or treated aboveground. Inadequate secondary containment of contaminated soil at a jobsite could lead to the migration of contaminants in stormwater to other site areas or off-site, potentially impacting surface water or drinking water sources. Cleanup, third-party liability, and natural resource damages could result.
Soil Characterization & Hazardous Waste Disposal
Excavated contaminated soil must be properly characterized. Improper disposal of contaminated soil or other wastes from a jobsite can lead to cleanup costs and environmental tort liability. Hazardous waste inadvertently mixed with construction debris/waste may be disposed of improperly. Investigations for improper disposal at a disposal facility can result in potential liability for all parties that manifested waste to the facility, including contractors.
Subcontractor Management & Joint Pollution Liability
Environmental firms may hire subcontractors for whom they are responsible, and the actions of subcontractors can become the liability of the environmental firm. Since pollution laws are joint and several, environmental firms can be held liable for pollution caused by a subcontractor.
Excavation Dust & Particulate Matter Emissions
Excavation and trenching activities create dust. Dust consists of tiny particles (particulate matter) that can cause respiratory issues if inhaled. Inhalation of contaminated dust can cause illness. Off-site migration can lead to third-party bodily injury and property damage claims.
Stockpile Vandalism & Unauthorized Site Spills
Excavated soil may be stockpiled or stored on-site. Improper site security can allow vandalism to occur, leading to contaminated soil being spread across the site or removed and dumped at another location resulting in liability to the contractor and owner.
Soil Washing Wastewater Treatment & Discharge
Soil washing generates contaminated wastewater that must be treated and disposed of properly. A release of contaminated wastewater either at the jobsite or during transportation can migrate to third-party properties, storm sewers, or surface water bodies and impair water quality, causing ecological damage to streams, rivers, and aquatic systems or damage adjacent properties.
Soil Vapor Extraction (SVE) Air Emissions
Soil vapor extraction (SVE) removes contaminated vapor from the vadose zone and treats it above ground before emitting the treated vapors into the atmosphere. Failure to adequately maintain the SVE system can lead to the emission of contaminated vapors into the atmosphere, which can migrate off-site and affect third parties.
Bioremediation Chemical Handling & Injection Spills
Bioremediation chemicals brought on-site can be released if not properly secured during transport or while mixing on-site in preparation for subsurface injection. Accidental releases can impact storm sewers or surface water bodies, impair water quality, and cause ecological damage to streams, rivers, and aquatic systems.
Soil Encapsulation Breakdown & Additive Handling
Encapsulating contaminated soil by mixing it with lime, cement, and concrete can lead to future disposal liability if the encapsulated materials break down and release chemicals into the environment. Releases from on-site handling of limes and cement or during transport can impact storm sewers, adjacent properties, or surface water bodies.
Thermal Soil Remediation Vapor Emissions
Thermal soil remediation produces vapors that must be captured and treated. The emission of contaminated vapors into the atmosphere can migrate off-site and affect third parties.
Waste Transport & Mobile Transit Liability
Transporting waste materials from a 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.
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
Defense of third-party claims
First-party emergency response costs
Mold, legionella, bacteria, fungi, lead, asbestos, and more
Silt and sedimentation
Natural Resource Damage
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
Remediation contractors may be able to combine General Liability, Contractors Pollution Liability, and Professional Liability into one package policy. Workers’ Compensation and Automobile policies may also be available.
Claims Scenarios & Examples
