Environmental Liability — Understanding Your Legal Responsibilities as a Transporter
Environmental releases of hazardous materials require a prompt response to limit the spill generator’s legal responsibility or liability. Understanding the potential liability associated with your company’s activity and being adequately prepared to respond to environmental spills arising from that activity will help minimize any liability.
The laws defining liability typically provide that a person who does a thing — transports, stores, or ships goods, for example — shall be legally responsible for damages resulting from doing that thing. It is the business activity and not the hazardous material spilled that gives rise to environmental liability.
Your are legally responsible because of who you are not what you do. A transporter activity creates legal responsibility, as does a shipper activity. If you meet the statutory definition of a legally responsible party, then it doesn’t matter that a hazardous chemical spill was the result of an accident, even if the accident wasn’t your fault. The liability for the release is yours, all the same.
Contingency Planning
A written contingency plan that details the who, what, where, when and how your company will respond to spill emergencies is the best way to assure you are in compliance with environmental regulations and avoid liability. Communicating the plan to managers and employees is just as important as having a plan. Keeping it up-to-date, with names and phone numbers of emergency responders, is also key to its effectiveness.
When writing your contingency plan, consider all activities with which you are involved that have the potential to generate a spill. Lay out the most appropriate response option for each activity. All too often, spill generators try to utilize a single spill response option for a number of activities. That can give rise to spill liability.
An example is the manufacturer who can effectively respond to spills at his facilities, yet is unprepared to handle over-the-road spills. Highly trained personnel and specialized equipment can work safely and effectively within the familiar confines of the company facility. But what happens when the same people are asked to travel two hours to respond to a truck accident. Adverse weather, unfamiliar site conditions and different regulatory authorities are some variables that can lower their effectiveness.
Carriers are required to report hazardous materials incidents that occur during loading, unloading, transporting and storage. Make sure your contingency plan contains current spill reporting requirements for every jurisdiction through which your equipment travels. It should also include the names and numbers of cleanup contractors equipped to quickly handle over-the-road spills. This preparedness can help limit your company’s costs and liability as a spill generator.
Management of regulated liquids is one of the biggest challenges facing fleet managers today. Storm drains are an especially sensitive area. Eliminate any possibility that hazardous chemicals, waste oil, solvents or other pollutants — even wash water — can reach waterways or storm drains which ultimately lead to groundwater. If that does happen, report the incident immediately to federal, state and all local authorities that have reporting requirements.
If you are uncertain of the environmental liability risks associated with your activity, consider tapping the resources of Spill Center. We specialize in compliance and regulatory reporting. We’re experienced in contingency planning for trucking-related activities and can help minimize your liability after an unintentional environmental release.
