Cheap Spills for Spill Seekers a.k.a Spills and Thrills

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1 Cheap Spills for Spill Seekers a.k.a Spills and Thrills Thomas Moses, Esq. President, Spill Center St. Louis 2013

2 ISRI DISCLAIMER The following presentation reflects the views and opinions of Tom Moses and/or Mr. Moses' company, Spill Center. The content, views and opinions have not been reviewed or edited by ISRI and therefore should not be deemed to represent the views or opinions of ISRI or an endorsement of the material contained herein. You are permitted to reproduce the presentation contained herein, in whole or in part, without changing the text you use, provided that you include a copyright statement or "produced by Tom Moses" statement, include this disclaimer on any portion of the material reproduced, and use the material or presentation for noncommercial or internal purposes only. For commercial use or translations, please contact the author directly.

3 Understanding Spill Liability Liability is another name for legal responsibility There are two (2) kinds of liability Negligence and Strict Liability All spill or environmental liability is Strict Liability Strict liability is legal responsibility without regard to fault

4 Understanding Spill Liability It doesn t matter that you didn t mean to have a spill, if there is a spill, you are responsible because of who you are, not what you did Care, custody or control is the test for liability or legal responsibility Strict liability makes you responsible to pay damages arising from a release where you have care, custody or control

5 Damages Naturally, your company is concerned with spill costs Damages are the costs associated with liability or legal responsibility Damages are separate from liability or legal responsibility First you determine liability, then you determine damages You might not be able to control strict liability, but you can certainly control damages

6 Damages Damages arising from spills include: Costs related with response, reporting, remediation and waste disposal Property damage and bodily injury arising from the spill Fines and penalties for failing to comply with reporting regulations Emergency Services Reimbursements

7 Planning A Spill? You should be. Any company can become a spill generator. Being prepared is the best way to limit your liability. Spill preparedness starts with contingency planning Survey your entire operation to identify all activities with potential to produce an environmental spill Employee training is a key element of spill preparedness Know who requires reports in jurisdictions where you do business Line up outside experts you can count on for help when you need it most

8 Start With Contingency Planning The time to prepare for an environmental release is before it happens Environmental spills require fast response to minimize your costs and liability Map out a detailed contingency plan for every activity where a spill might occur on the road or at home and have spill kits, tools and materials at the ready Your contingency plan should include company contact information, company emergency guidelines, and any preferred cleanup contractors and vendors

9 Start With Contingency Planning The time and effort spent planning how to handle a spill will pay off when a spill occurs In a recycling facility that handles and manages a broad variety of materials and waste, pollution prevention and proper disposal of regulated materials are key environmental considerations Check with environmental authorities to ensure that you are in compliance with all regulations regarding water runoff, under- and above ground storage tanks, and spill prevention/containment

10 Preparing for Spills Consider spill kits for trucks containing plugs, trenching tools and absorbent materials to stop leaks and limit damage to the environment Drivers should be instructed in the use of the kits Drivers should know the location of fuel shutoff valves on trucks and understand the importance of preventing leaking fuel or hydraulic fluid from reaching water EPA classifies spilled fuel as hazardous waste Any incident resulting in a release to water must be reported to the National Response Center, the federal point of contact for spills

11 Preparing for Spills Employees should keep a log of all actions taken to contain the spill and instructions he received from authorities at the scene, including names Thorough documentation of all environmental releases is the best way to maintain a legally defensible position and avoid being included as a responsible party to pre-existing contamination A spill log will document that fact that each release is separate in time and nature, and was the subject of a separate response and remediation

12 Preparing for Spills For a vehicle fuel spill, the driver should record the quantity spilled, based on last fueling and miles driven, plus times and phone numbers of calls that he made to report the incident The driver should also log actions he took to contain the leak and the actions taken by emergency responders, plus the number of responders, time on scene and equipment used

13 Spill Generator s Responsibility Environmental liability for spill damages goes to the spill generator, even if the release occurs as a result of an accident in which you or your driver was not at fault The spill generator is responsible for making all required incident reports, both by phone and written, within the time stipulated by law He must also contain it, report it and clean it up Insurance companies do not pay penalties and fines for failure to comply with reporting rules

14 Know Who Requires Reports As part of your spill planning, it is wise to have access to all the reporting requirements for every jurisdiction in which you travel and you have facilities Get to know your local and state environmental authorities and the reporting requirements of each jurisdiction in which you maintain and operate equipment Laws vary from one jurisdiction to the next Some jurisdictions require environmental or ground water testing after a spill Learn about their requirements

15 Know Who Requires Reports List contacts and phone numbers for each area so you ll be able to file the required reports without delay Some jurisdictions have narrow reporting windows an hour or two after the incident In Massachusetts, failure to file a required report within 2 hours of the spill carries a late-notification penalty of more than $10,000 In Louisiana, it s one hour Make sure someone in your organization is assigned the responsibility for keeping up with changes in the regulations and noting them in your contingency plan

16 Value of Outside Resources Line up outside resources and experts and make them a part of your spill emergency team List the names and numbers of local cleanup contractors qualified to handle spills of the materials used in your facilities and areas in which your fleet operates I suggest that you line up experts in environmental claims management who can provide assistance with technical and legal aspects associated with spills for when you need assistance

17 Value of Outside Resources Spill Center assists clients with custom spill planning, contractor referrals, and regulatory reporting and incident documentation No company should ever have enough spills to get good at handling them By aligning yourself with experts who are equipped to provide assistance when you need it most, you broaden your state of readiness About half of the spills processed by Spill Center involve damaged saddle tanks or fuel lines. Spills average just over 100 gallons, and uncontrolled costs can easily exceed $15,000

18 Contingency Plan Activation When a client notifies Spill Center of a spill, a compliance associate activates their spill plan and locates cleanup contractors in the vicinity The client is presented with a list of available and qualified contractors who can clean up the spill, dispose of the waste and remediate the site Spill Center maintains a database of more than 3,000 contractors throughout North America, with profiles of each, listing their capabilities, equipment and personnel qualifications

19 Contingency Plan Activation We notify the authorities and file the required reports on behalf of our clients at their direction Our automated systems help clients track incidents, produce reports and generate root cause analysis data to improve fleet safety It all starts with the pre-filed contingency plan There is no time like the present to start planning a spill and boost your preparedness to make the best of a untimely situation

20 For more information Info Sheet and Special Registration is Available Visit us online at Telephone: (978) x222

21 Thank You

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