Transporters

Solid Waste Haulers

The hauling of solid waste can expose transporters to environmental liability from several sources, including collected materials, equipment used, and collection and transportation operations. During collection or loading and unloading, spills or leaks of collected wastes or releases of fuel or fluids from collection vehicles can lead to environmental cleanup or third-party liability. While the solid waste is being transported, a waste containment leak could occur, vehicles could be involved in accidents that cause overturns or rollovers, and the waste and materials they are transporting could be spilled or released into the environment. Collected wastes could also contain hazardous materials that require special handling and disposal procedures or incompatible materials and pose hazards for fire, combustion, or toxic emissions. Environmental exposures can also arise at yard facilities where trucks are stored or maintained from spills or leaks of fluids or wastewater generated from maintaining or cleaning trucks.

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Vehicle Accident Spill Hazards

Accidents involving vehicles, such as a rollover or upset on the highway or roadway, could cause the release of transported wastes or automotive fluids from the vehicle, including gasoline or diesel fuel, motor oil, hydraulic fluid, or antifreeze, that may enter the side of the roadway and contaminate the soil and groundwater. In addition, the release may travel to nearby surface waters, such as lakes, rivers, streams, or creeks, and harm aquatic life. Cleanup, third-party claims, or natural resource damage claims could result.

Hazardous Waste Contamination and Improper Disposal

Household, commercial, and industrial collections could include hazardous wastes that were inappropriately discarded or materials that contain hazardous components. Examples of wastes that could be in the intake materials and be hazardous include motor oil, antifreeze, batteries, oil-based paints, pesticides, fertilizers, pest control, pool chemicals, fluorescent light tubes, and ballasts, used electronics, smoke detectors, medical or infectious waste, pharmaceuticals, industrial cleaning chemicals and solvents, lab waste, sludge and items treated with per-and polyfluoroalkyl substances (PFAS). Even empty containers that contain these materials can pose hazards due to residual material. Improper handling of these materials or disposal at a landfill not permitted to accept them can result in environmental liability for the transporter.

Fluid Release and Run-off

Waste collection trucks contain fuel, oil, hydraulic fluid, and other automotive fluids. Spills during maintenance or fueling operations, or leaks from mounting, lines, hoses, fittings, valves, and connections while garaged or in transport, can contaminate soils and groundwater or discharge into surface waters through drains or stormwater run-off.

On-Site Storage and Containment

On-site storage of fuel, oil, lubricants/grease, and automotive fluids in storage tanks (aboveground or underground) and drums can leak during containment or be spilled while loading, resulting in environmental liability.

Waste Leachate Seepage

During transportation, liquids can leach from containers holding solid wastes and contaminate properties bordering roadways or migrate to surface waters and impact aquatic life.

Vehicle Washing and Maintenance Wastewater

On-site vehicle washing or washing down of vehicle maintenance areas generates wastewater that can contain residual debris from collected material (biohazards, heavy metals, chemicals), oil and grease, hazardous materials, and cleaning agents that have chemicals, solvents, and detergents. Improper containment, collection, and disposal can allow wastewater to enter storm drains or nearby surface waters or leach into soils and groundwater. Wastewater from these operations could discharge into surface waters and harm aquatic systems and natural resources.

Hazardous Waste Generation and Segregation

Solid waste haulers generate wastes that can be hazardous and require that special disposal procedures are followed. Wastes can include truck batteries and spent fuels, solvents, and oils. Improperly segregated and disposed of wastes can result in regulatory fines or lead to cleanup and environmental tort liability.

Illicit Abandonment

Illicit abandonment is the illegal dumping of pollutants at a property, which could occur at a solid waste hauler’s yard. If the originator of the waste cannot be found, the property owner would incur the cost of characterizing it. If the waste is hazardous, they will incur the costs of removal, cleanup, and disposal, where they can retain cradle-to-grave liability. Third-party bodily injury claims could be filed against the transporter if a release occurred.

Incompatible Waste Reaction and Compaction

During collection, incompatible materials can be mixed in a collection vehicle through compaction, resulting in fire, spontaneous combustion, or toxic emissions. Mixing incompatible materials could occur while collecting loads on public roadways and expose third parties to bodily injury and property damage.

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

Sudden and accidental coverage for owned/leased location

First-party and third-party transportation pollution liability

Loading and unloading

Civil fines and penalties, where allowed by law

Defense of third-party claims

First-party emergency response costs

Natural resource damage

Silt and sedimentation

Non-owned disposal sites

A combined Commercial General Liability, Contractors Pollution Liability, and Professional Liability package policy may be available. Work Comp & Auto may also be offered.

Claims Scenarios & Examples

Over the weekend, a solid waste hauler’s storage yard was vandalized, including overturning drums of maintenance fluids stored outside and breaking the valve on a diesel fuel tank. The diesel fuel and maintenance fluids seeped onto the ground, impacting soils and groundwater and migrating to a nearby creek. Cleanup costs exceeded $500,000.

A solid waste hauler was picking up a load of waste at a commercial facility. During the load transfer into the truck, a container of unknown liquid spilled onto the pavement and into a storm drain. The liquid turned out to be waste oil illegally dumped in the commercial facility’s dumpster. Impacted soils needed to be excavated and booms deployed to contain the waste oil discharged from the storm drain into an adjacent stream.

A waste hauler was fined for allowing leachate to leak from one of its trucks. The connection between the rear loading unit and the main body of the truck was not properly sealed, allowing for liquids to escape.

The hydraulic fluid line of a waste hauler ripped open, spilling approximately 20 gallons of fluid into sewer drains leading to a nearby river. An environmental service company responded quickly and placed booms in the river to contain the release and prevent more fluid from flowing into the river. The hauling company was liable for the emergency response and cleanup costs.

A hauler transferred a dumpster load of garbage from a home into its truck. The homeowner had been cleaning out their garage before the move. A cloud of fumes began to form, and some bystanders were taken to the hospital complaining of burning eyes and lungs. The fire department was called, and it was determined containers of chlorine bleach and ammonia had been in the same load and were crushed, causing the reaction and fumes.

A hydraulic hose on a waste hauler’s truck failed, releasing approximately 55 gallons of hydraulic oil onto a private street. Some oil reached a nearby storm sewer, which discharged into a stormwater retention area. The total cost of cleanup was approximately $34,000.