Contractors

Tree Care Operators

Tree care operators can face many environmental exposures. Silt and sedimentation caused by tree cutting and removal can be carried in run-off to surface water bodies. Leaks, spills, misapplication, or over-application of growth-producing or pest-inhibiting chemicals can contaminate soil, groundwater, and stormwater run-off, leading to third-party liability and natural resource damage. Additional exposures can result from these chemicals’ storage, transport, and disposal. Fuels and hydraulic oils used in equipment can also leak or spill, resulting in environmental exposures.

Download PDF

Environmental Exposures May Include

Tree Treatment Chemicals & Water Source Migration
Subsurface Utility Strikes & Underground Infrastructure Damage
Tree Removal Soil Disturbance & Sediment Run-off
Pesticide Rinsate & Special Waste Disposal
Tree Care Equipment Fluids & Washdown Management
Pesticide & Fuel Transportation Liability
Chemical Overspray & Pesticide Drift Hazards
Arborist Facility Chemical Storage & Fertilizer Hazards

Tree Treatment Chemicals & Water Source Migration

Pesticides and fertilizers may be used to treat trees. These chemicals can be toxic, and mixing, applying, transporting, loading, and container cleaning can all lead to environmental exposure. Spills, leaks, and improper application can cause these chemicals to migrate to groundwater or surface water, polluting water sources and threatening aquatic life.

Subsurface Utility Strikes & Underground Infrastructure Damage

Subsurface utilities, such as sewer lines, septic systems, water lines, gas/electric/heating oil lines, or tanks, can be damaged during tree removal. This damage can cause hazardous releases, explosions, or pressure main washouts of soil, resulting in primary property or bodily casualty and cleanup liability.

Tree Removal Soil Disturbance & Sediment Run-off

Tree care operations such as tree, brush, and stump cutting and removal can disturb soils, resulting in erosion and run-off of silt and sediment. This can impair the functionality of stormwater drainage systems and catch basins, impair water quality, cause ecological damage to streams, rivers, and aquatic systems, or impact adjacent properties.

Pesticide Rinsate & Special Waste Disposal

Pesticides, fertilizers, fuels, and hydraulic oils can be classified as hazardous waste and require special disposal procedures. Pesticide wastes include rinse material from containers and spray equipment, leftover spray solutions, and excess pesticides. Improper handling and disposal can lead to soil, groundwater, or surface water contamination, causing cleanup and third-party liability. Also, improper characterization or disposal of wastes at non-owned disposal facilities can result in fines for the contractor or cleanup liability.

Tree Care Equipment Fluids & Washdown Management

Equipment used at jobsites, such as cranes, chippers, power pullers, etc., uses fuels and hydraulic fluids. Releases of fuels, oils, and fluids resulting from accidental spills, leaks, or vandalism can discharge pollutants into the soil and groundwater and require cleanup. Additionally, cleaning equipment used at a jobsite can generate wastewaters, which must be appropriately handled because it could contain particulates and residual oils and fluids. If spilled or discharged inappropriately, wastewater can impact water bodies and result in cleanup or natural resource damage claims.

Pesticide & Fuel Transportation Liability

An accident or storage container breach during transportation or loading and unloading operations could cause a leak or spill of pesticides, fertilizers, or fluids from powered equipment and lead to environmental liability.

Chemical Overspray & Pesticide Drift Hazards

Over-application and drift of pesticides and fertilizer can threaten human health. When these chemicals are sprayed on trees, airborne chemicals can be breathed in, or the chemicals can settle on playgrounds, porches, laundry, toys, furniture, and more, exposing third parties to potential injury.

Arborist Facility Chemical Storage & Fertilizer Hazards

Storage at any owned/leased operational facility of pesticides, fertilizers, and automotive fluids for work site equipment and vehicles carries environmental exposure. Spills, improper storage containment, and exposure to rainfall can cause chemicals to run-off and contaminate surface water, groundwater, or soils, resulting in cleanup and natural resource damage claims. Storage of concentrated ammonia-based fertilizers may react with other stored incompatible chemicals if leaked or spilled and cause a fire which could release toxic fumes.

Contractors Pollution Liability Can Provide Coverage For

Mold, legionella, bacteria, fungi, lead, asbestos, and more

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

Contracting operations performed at a jobsite

Sudden and accidental coverage for owned/leased locations

First and third-party transportation pollution liability

Non-owned disposal site liability

Loading and unloading

Natural resource damage

Silt and sedimentation

Crisis/publicity management

Claims Scenarios & Examples

A tree care operator leased land for an operations yard. The tree care operator dumped land-clearing debris onto the property, including stumps, logs, and other construction and demolition waste. The state environmental agency fined the tree operator $350,000 in civil penalties for improper disposal of wastes and another $150,000 in restitution to the property owner.
A tree care operator was hired to clear a property. The operator used a backhoe to remove a stump and hit an unmarked septic line, releasing raw sewage into the subsurface. The tree care operator was sued for cleanup costs.
While spraying pesticides on some trees on a commercial property, overspray drifted to a neighboring residence where a child was playing. The child had an asthmatic attack from exposure to the chemical and had to go to the hospital. The family sued the tree service company for bodily injury.
A tree trimming company was doing some tree work when a hydraulic hose on their equipment broke, spewing several gallons of hot hydraulic oil on the tree, grass, and bushes beneath them. The hydraulic oil damaged the plants and impacted the soil. The tree trimming company had to pay to replace the plants and test and excavate the contaminated soils.
A tree service company employee spilled approximately 20 gallons of fuel in the parking lot of a gas station while loading fuel into a portable gas container. The employee drove off without reporting it. The state environmental protection agency responded to the spill and cleaned up the release. Surveillance footage showed that the tree company was responsible for the spill. The state forced the company to pay for the cleanup and fined them for failing to report the spill.

Final Consideration

As a contractor you can be faced with the cost to defend yourself against allegations or legal action from pollution related events, regardless if you are at 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

Download PDF