Property Types

Solid Waste Landfills

Solid waste landfills face many environmental risk exposures. Faults or fissures in the subsurface, construction or design errors, or other issues can impact the stability of a landfill and cause the landfill liner, leachate collection system, methane collection, or other landfill systems to leak, releasing potential pollutants. Weather elements and stormwater can cause run-off of pollutants that could enter waterways, surface water, and groundwater and eventually be released into drinking water sources. Landfills may also have aboveground storage tanks (ASTs) or underground storage tanks (USTs) located at their facilities; leaks or spills could occur from storage or during loading/unloading operations. Uncontrolled methane or fugitive dust releases can present a risk for injury or property damage to third parties.

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Environmental Exposures May Include

Landfill Cell Stormwater Runoff & Surface Water Impact
On-Site Fuel & Leachate Storage Tank Releases
Landfill Methane Gas Emissions & Explosion Hazards
Heavy Equipment Exhaust & Carbon Monoxide Exposure
Haul Truck Fluid Leaks & Unloading Yard Spills
Landfill Liner Failure & Subsurface Leachate Seepage
Landfill Cell Earthwork & Fugitive Dust Emissions
Unacceptable Waste Acceptance & Cell Excavation Liability
Illicit Waste Abandonment & Fly-Dumping
Subsurface Cell Fires & Contaminated Firewater Run-off

Landfill Cell Stormwater Runoff & Surface Water Impact

The exposure of landfills to weather elements creates significant exposure for stormwater to come in contact with and collect chemicals, debris, waste, or sludge. If stormwater run-off is not properly controlled, contained, and pre-treated before discharge into sanitary or storm drainage systems, it can damage surrounding soil, groundwater, and natural resources such as rivers, lakes, and streams. Stormwater run-off can also cause cleanup liability and harm humans and aquatic life.

On-Site Fuel & Leachate Storage Tank Releases

Landfills may use ASTs or USTs to fuel equipment on-site or to store leachate. Leaks and spills from storage tank systems and releases during loading and unloading can contaminate soils, groundwater, or surface waters. Releases can also migrate to neighboring properties or enter storm or municipal sewer drains.

Landfill Methane Gas Emissions & Explosion Hazards

Exposures may include unintended air emissions from releasing methane gas at the landfill. Methane is one of the main gases produced by decomposing refuse at a solid waste landfill. It is a highly flammable gas that harms the atmosphere and ozone layers. Methane gas released from landfills may cause injury to third parties and property damage if the methane gas ignites.

Heavy Equipment Exhaust & Carbon Monoxide Exposure

Landfills use vehicles and heavy equipment in their daily operations. These types of internal combustion vehicles are powered by diesel or propane fuel, which, when burned, generate air emissions from the equipment exhaust, emitting carbon monoxide gas. Exposure to moderate and high levels of carbon monoxide over long periods has also been linked with an increased risk of heart disease.

Haul Truck Fluid Leaks & Unloading Yard Spills

Heavy-duty trucks unloading waste materials at landfill facilities can leak automotive fluids or fuels on the property. Pollutants such as heavy metals, solvents, fuels, oil, and grease can leach into the soil, contaminate groundwater, or be collected by rainfall, creating contaminated stormwater that can pollute storm drains and adjacent sites.

Landfill Liner Failure & Subsurface Leachate Seepage

Damage to the landfill’s liner or leachate collection and treatment system could allow disposed wastes or contaminated leachate to migrate into the underlying soil resulting in soil and groundwater contamination at the site. Releases may also occur due to leachate seepage from the landfill’s surface and the migration of pollutants in stormwater. Contaminants can migrate in groundwater off-site to impact neighboring properties, or pollutants can be carried to surface waters.

Landfill Cell Earthwork & Fugitive Dust Emissions

Fugitive dust can be released from heavy equipment operating on roadways, earth movement for construction or covering of landfill cells, and windblown releases of dust from landfill cover soils. Excessive dust releases can lead to regulatory violations, third-party bodily injury, or property damage claims.

Unacceptable Waste Acceptance & Cell Excavation Liability

If unacceptable wastes are disposed of at a landfill, landfill contamination could occur. The unacceptable waste and surrounding debris may need to be uncovered, excavated, and removed from the landfill. Also, improper waste disposal at the landfill could lead to environmental liability or legal consequences for violating regulatory requirements.

Illicit Waste Abandonment & Fly-Dumping

Illicit abandonment of unpermitted waste could occur at the landfill. 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.

Subsurface Cell Fires & Contaminated Firewater Run-off

Some products at a landfill are flammable or combustible and may result in a fire that spreads throughout the cell of a landfill and beyond. A hostile fire at the facility could emit toxic fumes and smoke from the materials disposed of at the site or due to a mix of materials resulting from the fire. Firefighting solutions like water or foam could create contaminated run-off, resulting in environmental cleanup and tort liability.

Environmental Pollution Liability Can Provide Coverage For

Integrated GL/Site Pollution, options to include XS, Auto, and WC may be available

Monoline Site Pollution Liability

Off-site cleanup of new and pre-existing pollution conditions

Third-party claims for bodily injury

Third-party claims for property damage

Emergency response costs

Defense of third-party claims

First and third-party transportation pollution liability

Aboveground and underground storage tanks

Loading and unloading

Crisis/reputation management

Civil fines and penalties

Business interruption expenses

Non-owned disposal sites

Illicit abandonment

Natural resource damages

Claims Scenarios & Examples

The City of Philadelphia was ordered to pay $8.4 million to settle Superfund claims over contamination from a landfill that operated between the 1950s and 1970s. According to the consent decree, the city paid $6.54 million and the Philadelphia Redevelopment Agency another $1.86 million to resolve liability for a portion of the site. The city is liable as an owner, arranger, and transporter, and the Redevelopment Authority as the owner and operator of the landfill.
A privately-owned solid waste landfill is located within 3 miles of 1,900 residents that depend on private wells as their source of drinking water. Thirty-five residents filed a lawsuit against the landfill operator, alleging bodily injury and property damage due to contamination emanating from the improper liner, piping, and leachate collection from the landfill. An investigation detected volatile organic compounds in the groundwater and twenty private wells.
Thirty-four individuals, who reside or own property near a landfill, filed claims against the landfill for negligent operation. These claimants contended that they had suffered bodily injury, emotional distress, and loss of property value from negligent landfill operation. Damages, including defense costs, amounted to $2.5 million.
A fire started in a large landfill from decomposing waste. The fire burned and smoldered for several weeks, fueled by various wastes and the lack of an adequate methane venting system at the landfill. Hot ashes, billowing clouds, and a lingering haze of smoke and soot spoiled hundreds of acres of surrounding crops. Beans and tomatoes were blackened on the vine, and corn crops were ruined in the field. The ensuing negligence suits claimed property damage and loss of income amounting to $1.7 million.
A local citizens’ action group had bitterly contested a newly approved landfill. The group had closely observed the construction of the landfill and, within its first five weeks of operation, filed numerous lawsuits alleging negligent practices. Among the incidents cited were two punctures to the landfill liner by the waste management company’s equipment, which fueled the public’s fears of contaminated groundwater and drinking water. They also cited inadequate practices regarding a load containing radioactive waste. The radioactivity was missed in their first screening but was discovered by hand-held Geiger counters before placing the waste in the landfill. Claims were filed for perceived bodily injury, trespass of pollutants, and diminution of property value. The final settlement, including defense costs, exceeded $3 million.

Final Consideration

Your business can be faced with the cost to defend itself against allegations or legal action from pollution related events, regardless if you are fault or not. Having the proper insurance coverage in place will help fund the expenses incurred to investigate or defend against a claim or suit and provide you with environmental claims handling expertise.

This environmental risk overview offers a general understanding of potential risks and may not reflect all risks associated with your business. Environmental Risk Professionals has compiled this overview for informational purposes only. This overview does not constitute legal opinion or advice, nor does it establish a consultant-client relationship. This overview is not intended to guide project parties in interpreting specific contracts or resolving disputes; such decisions may require consultation with counsel and depend on various factors. © 2025 Environmental Risk Professionals, LLC

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