It is incredible how even the tiniest spill can cause a huge headache for a carrier of hazardous materials. Some examples: (1) In Virginia, a driver was pulled over when a passing state trooper noticed droplets falling from a stowed hose on the tank truck. It was determined that less than one quart of gasoline condensate had collected in the vapor-recovery hose, and leaked to the roadway. The carrier was assessed a penalty of $2,500. (2) In Massachusetts, a white substance was seen to be leaking from a box-trailer. After an 8-hour stop and investigation, it was discovered that the leaking material was a harmless vegetable glue. Nevertheless, the carrier was faced with a $1,000 fine and a demand for $25,000 for reimbursement of emergency services.
Perhaps the most serious situation arises when the government or facility operator claims that a carrier spilled hazardous materials during deliveries, contributing to contamination of soil and water. Even the most trivial spills - a gallon released from a delivery hose, a few pints from a leaky valve, a minor overfill - can lead to liability for cleanup of the entire site. Under the federal "Superfund" law and similar state laws, any person who disposes of a hazardous substance at a facility can be held strictly, and jointly and severally, liable for the cost of cleaning up contamination at that facility.
If the facility operator is defunct and other liable parties cannot be located, the carrier who contributed to the contamination in the most minor way can be on the hook for the cost of the entire cleanup. The potential for major liability after trivial spills is not just theoretical. In Florida, the state alleged that six carriers were liable for a $2,000,000 cleanup because some of them had occasionally spilled = gallon of hose residues onto the ground. Similar claims have been made against carriers at sites in Georgia and Indiana.
What can a carrier do? Obviously, avoiding major liability for minor spills must begin with avoiding the spills in the first place, through consistent policies, practices, training, and use of equipment. When a spill does occur, it must be cleaned up immediately. Almost as importantly, the carrier must maintain documentation of its training and policies to avoid spills and to promptly and effectively clean them up on the rare occasions that they occur.
When a carrier is faced with an allegation that it may be liable for cleanup at a customer's or consignee's facility, it must be prepared to vigorously defend against the claim. Environmental Counsel, LLP helps carriers respond to claims liability for spilled hazardous substances, and stands ready to help you too.