Environmental Challenges
Facing Asphalt Contractors
Don’t Let the Ghost Get You
What Are The Exposures
Claim Scenarios
Best Practices for Preventing a
Claim
Methods of Protection
What Are the Exposures
Air and Noise
Premises
Jobsite (Operational)
Transportation
Air and Noise
Dust (Silica) Exposure
Fugitive Emissions
Noise
Premises
 Leaking Underground/Above Ground
Storage Tanks
 Residual Contamination From Minor,
Cumulative Spills of Oils, Fuels,
Lubricants, etc.
 Surface Contamination From Fuels and
Lubricants Stored Improperly
 Unidentified Pre-Existing Contaminants
From Previous Owners
Jobsite (Operational)
Disturbing Naturally Occurring
Asbestos and Silica
Release of Oil/Fuels as a Result of
Vandalism
Site Preparation Work Through PreExisting Contaminated Soil
Residual Lead Chromate From
Paint on Roads
Jobsite (Operational) - Cont.
Spills of Chemicals/Fuels Brought
On-Site
Contamination Caused by
Lubricants/Oils and Other Fluids
From Field Equipment
Release of Fuels/Primer, Oil/Tack
as a Result of Over Application
Groundwater Contamination From
Excavation/Dewatering Operations
Transportation
Spills of Asphaltic Cement
Pollution Resulting From Collision
Fuel/Oil/Tack Spills or Leaks From
Vandalism
Claim Scenarios
Sand Blasting Causes Lead
Contamination $400,000
Rainstorm Washes Tack Into Nearby
Stream $200,000
Vandals Cause Fuel Release
$35,000
Dewatering Operation $100,000
Ruptured Oil Pipeline $500,000
Claim Scenarios - Cont.
Inadequate Erosion Control
$150,000
Crane Overturn $650,000
Air Quality Violations $65,000
Air and Noise Class Action Lawsuit
$225,000
Forklift Ruptures Fuel Tank
$10,000 Plus Fines
Best Practices
Have the Proper Risk Transfer
Provisions in Your Contract
Prior to Signing a Contract Obtain
a Phase I Environmental Site
Assessment
Conduct a Pre-Bid Site Walk
Through
Ensure Fill Material is Clean
Best Practices - Cont.
Don’t Sign Waste Manifests
Train Workers in Spill Prevention
and Emergency Response
Use a “One Call” System for Utility
Locates
Install Erosion/Sediment Control
and Inspect/Maintain
Best Practices - Cont.
Use Tanks with Secondary
Containment Pans and Rainshields
or Earthen Berms
Provide Collision Protective
Barriers
Keep Phone Numbers of Spill
Response Firms Readily Available
Methods of Protection
Contractual or Risk Transfer
Self Insurance
Limited Jobsite Pollution Coverage
Contractor’s Pollution Coverage
Environmental Protective Liability
Methods of Protection - Cont.
Bodily Injury and Property Damage
From Third Parties
Disciplinary Proceedings – Fines
From Governmental Entities
Litigation/Subpoena Expense
Methods of Protection - Cont.
Corporate Reputation
Rehabilitation
Clean-up Costs – Investigation,
Monitoring, Disposal of Soil and
Water, Containment or Capping
Emergency Response
Summary
Know the Risk
Control or Contain the Risk
Transfer the Risk
Don’t Let the Ghost Get You