Tag: estrategist

  • What Happens After The Fire…..

     

    BusinessFire
    Firefighters work to extinguish a fire at Gene’s Auto Parts in Traverse City, MI ~ Record Eagle/Tessa Lighlty

    What You Need To Be Discussing With Your Clients About The Aftermath Of A Fire and How Pollution Insurance Can Play A Role

    The Article and related links below highlight a simple fire that took place at Gene’s Auto Parts near Traverse City Michigan.  Gene’s does auto salvage and parts sales.  Some of the contaminants that were probably released during the fire would be air emissions from burning tires, plastic, inventory…, cadmium, lead, asbestos, petroleum products, anti-freeze, mercury….  Are these contaminants covered under the fire policies you sell?  What is your strategy to fill in this gap?

    Businesses that can have similar environmental exposures as Gene’s Auto Parts due to a fire would be auto manufacturers & dealers, commercial truck manufacturers & dealers, agricultural equipment manufacturers & dealers, trucking companies, marina’s & ports….etc

    If your client purchases fire insurance and experiences as loss, what happens after the fire department puts out the fire? The water and chemicals used to put out the fire mix with anything which melted or was released during the fire including the charred remains. Often times this leaves behind a toxic goo creating a pollution liability for the property owner. The fire department is immune.

    If the property owner does not have a pollution policy and they experience a fire, there are a lot of costs the insured is self-insuring.  As your client’s professional risk manager have you informed them of the potential pollution exposures they are self-insuring? What about third party bodily injury from neighbors inhaling fumes?  What about third part property damage to neighbors when the goo migrates on to their property, cost for emergency response crews, defense costs, investigation costs, business interruption…?

    Insurance professionals that sell fire insurance and do not educate their insureds on the value pollution insurance offers, are opening themselves up to an E&O suit.  Not to mention this creates a professional reputational risk exposure as well.

    Environmental Risk Managers is here to assist you with all things environmental! Including the aftermath of a fire like this.

     

    BusinessFire2
    Megan Woods, Reporter – 9&10 News

    Blair Township fire destroys business, closes busy road

    • By ERIN SLOAN esloan@record-eagle.com and TESSA LIGHTY tlighty@record-eagle.com

    TRAVERSE CITY — Clouds of heavy smoke billowed into the sky over Blair Township when an auto parts shop caught fire, triggering the closure of a major roadway. Fire crews on Friday responded to Gene’s Auto Parts on M-37 shortly before noon, said Blair Township Fire Chief Jim Carroll.

    The blaze started in a back building where cars are deconstructed and salvaged, he said.”The building is really hard to get around in inside and we tried to hold it to the back building as long as we could and then it went over our heads into the next building forward,” Carroll said. “We’ve gotten it away from the office.” Chris White, an office employee at the shop, was working in the front office when flames erupted.”We didn’t think that it was going to affect us, but it started spreading so they said ‘get out,’” she said. “Very sad. Very sad how people are going to be out of a job. It’s just scary.” White said she was able to save some files from the office before being evacuated. “We couldn’t get the water into the back part but then things started to get really heavy — smoke and heat so we decided we had to come out,” Carroll said.

    The building, which is most likely a total loss, was difficult to maneuver around, especially with the heavy, black smoke that enveloped the property, Carroll said. “It’s one of the biggest I’ve seen,” Carroll said. Crews battled the flames from ladder trucks and the ground outside of the building, but the thick smoke became a concern after one firefighter was sent to a local hospital for observation, he said.No one else was injured before or during the blaze. Carroll was unsure what caused the fire as of Friday afternoon.”It’s all car parts. All the little bangs and beeps and explosions you hear are actually mostly airbags,” he said. “Everything else in there is OK, but there is metal.”

    Jack Akers, a resident who lives across the street from the shop, and was a longtime friend to the company’s founder, the late Gene Denman.”It almost makes me cry because I’ve seen (Gene) start it,” Akers said. “I thought they had it under control and it’s just gone, it’s gone. I’m just wondering what in the world the dollar amount is going to come out to.”Akers has watched his friend’s business grow for years from its Acme location to the one between Nimrod and Blair Town Hall roads. The business celebrated 50 years in 2014.”I feel closer to it than anyone else because of the friendship, and we were friends. I’ve seen him grow this business from Acme to here and then see it grown into a million-dollar business. That’s the part that really hurts,” Akers said.American Red Cross Disaster Services arrived on scene as soon as they could to help keep emergency crews fed and hydrated, said Bud Ingram who serves on the organization’s action team.

    “We were paged by dispatch to offer assistance,” Ingram said. “We scrambled out to get coffee and pizza for everyone.”Ingram made a stop at a Holiday gas station for donated coffee, and picked up pizza, crackers, sports drinks and bottled water for the crews. M-37 was closed for at least five hours Friday as Blair Township Fire, Grand Traverse Metro Emergency Services and Grand Traverse Rural Fire battled the flames and Grand Traverse County sheriff’s deputies diverted traffic.

    Gene’s Auto Parts Fire Additional Links:

    http://www.record-eagle.com/news/local_news/update-blair-township-fire-destroys-business-closes-busy-road/article_378a70ba-9725-5412-af65-b29b74ab200b.html

    https://www.youtube.com/watch?v=bovjrWvXU0s Video

    http://photos.record-eagle.com/Genes-Auto-Parts-Fire-April-8/ Photos

    http://www.9and10news.com/story/31684591/genes-auto-parts-begins-clean-up-after-devastating-fire

  • Natural Disaster Seasons Are A Great Time To Talk Pollution Insurance

    Natural Disaster Seasons (NDS, i.e. Flooding, Tornados, Forest Fires, Hurricanes…) are a great time to talk pollution.  Did you know most pollution policies do not exclude Acts of God.

    During NDS, national and local media are lighting up the airways / internet highway with all the pollution problems caused by a natural disaster.  You hear about storage tanks releasing their contents as debris crashes into them during flood season.  Pollutants spread out over miles from tornados or hurricanes.  Forest Fires engulfing communities and causing explosions that release pollutants in the air and the list goes on.

    Note:  Pollution losses tend to be a severity versus frequency issue.

    Businesses to strategize on the value pollution insurance adds to their business model  during NDS are those that feel they do not have a pollution exposure.  For this example let’s use real estate owners.  For sake of avoiding an argument, agree with the real estate owners they do not have a pollution exposure, but then ask, what if a natural disaster deposits pollutants on your real estate?  As we move into spring the thoughts of melting snow carrying contaminants to nearby waterways to be deposited downstream during flood season to unsuspecting real estate owners in one simple example.

    Note:  Under federal law, the real estate owner is ultimately responsible for the environmental condition of their property.

    It may not be until years later when the real estate owner goes to sell their property and an environmental site assessment unveils an environmental problem from pollutants deposited during NDS.  Whose responsible?

    Since every business is impacted by environmental exposures, it’s now part of “Best Practices” for businesses to have a financial assurance strategy in place to address their exposure to environmental liabilities caused by Natural Disasters.

    NDS and pollution insurance go together like April showers that bring May flowers.

  • Environmental Liabilities Create Reputational Risks

    environmental Strategist, between the lines:  The reputational risk associated with pollution liabilities is often overlooked or not even considered.  One reason for this is environmental liabilities tend to be a severity versus frequency issue.

    Volkswagen with their emissions scandal, Flint Michigan and most municipalities with their lead pipes for potable water and the below link updating Lumber Liquidators and the increased risk of cancer for consumers who have used some of their products.

    Whataretheysaying

    Let’s drill down and look at the small businesses that operate in your community that are exposed to reputational risk due to environmental liabilities such as auto dealers, manufacturers, agricultural, aviation, contractors, golf courses, health care facilities, marinas, gas stations, real estate owners and developers, resorts, schools… all have exposure to reputational risk from environmental liabilities.  What is their strategy to deal with this exposure.

    As Will Rogers once said “It takes a lifetime to build a good reputation, but you can lose it in a minute.”  That certainly holds true for environmental liabilities.

    Lumber Liquidators Set To Slump After Revised Cancer-Risk Report

    Lumber Liquidators shares were set to tumble on Monday after a revised U.S. federal agency report showed people exposed to some types of the company’s laminate flooring were three times more likely to get cancer than previously estimated.

    The Centers for Disease Control and Prevention (CDC) said on Feb. 18 it estimated the risk of cancer was six-30 cases per 100,000 people, compared with the two-nine cases it had estimated in a Feb. 10 report. The CDC said the revised results were preliminary.

    Lumber Liquidators’ shares were set to open more than 15 percent lower on Monday, which would be the stock’s biggest intraday percentage drop in six months. (Get the latest quote here.)

    The CDC said it had used an incorrect value to calculate ceiling height, which meant its estimates of the airborne concentration of cancer-causing formaldehyde were about three times lower than they should have been.

    CBS “60 Minutes” reported on Sunday it was alerted to the possibility that scientists had not converted feet to meters in some calculations.

    Lumber Liquidators was not available for comment outside regular business hours. It had supported the recommendations of the CDC’s previous report on the safety of flooring made in China between 2012 and 2014.

    The company’s’ shares and sales have been in a tailspin since March last year when CBS “60 Minutes” reported the retailer’s laminates from China contained excessive levels of formaldehyde.

    Up to Friday’s close of $14.21, Lumber Liquidators’ shares had risen 17.5 percent since the CDC’s initial report. But they are still down 79 percent since the company had in late February last year warned of the CBS report.

  • Lead Contamination And An Aging Infrastructure

    environmental Strategist, between the lines:  The fallout from the Flint, Mi. lead contaminated water crisis is putting the spot light on businesses / municipalities that deliver potable (drinking) water.  Flint estimates it would take $55,000,000 to replace their lead pipes.

    The potable water industry is what some would classify as highly regulated.  However, back when lead pipes were used to supply potable water it was not so regulated because for the most part we did not understand the dangers of lead.

    As the article links below highlight there are many ways environmental problems can flow into potable water and lead is not a Flint environmental exposure but a nationwide environmental exposure.

    A well-known fact is, as our infrastructure (water, sewer, storm water, roads, bridges, dams…) continues to deteriorate, it creates huge environmental exposures for business and municipalities that use / maintain them.  The environmental exposure created by infrastructure deterioration grows with each passing day.

    eS Risk Transfer Strategy:  Businesses and municipalities as part of “Best Practices” must have a financial assurance strategy to address potential liabilities created by deteriorating infrastructure.  A financial strategy to address legal fees, investigation & clean up costs, third party bodily injury, third party property damage, third party business income, disposal costs….  While pollution insurance won’t cover the cost to replace the lead pipes it can cover a lot of associated costs that come from environmental exposures created by deteriorating infrastructure.  Since environmental liabilities are generally a severity versus frequency issue, you must assess the economies of scale afforded by transferring your risk to a third party insurer versus self-insurance.

    Ohio village issued 2nd state EPA violation for lead problems

    Ohio environmental officials gave a northeast Ohio village another violation for failure to submit two weekly water reports and not communicating test results to homeowners after elevated levels of lead were found in some of the drinking water in January.

    The Ohio Environmental Protection Agency’s Tuesday notice is the latest complaint levied by the state against Sebring, 60 miles (97 km) southeast of Cleveland, after the agency found village officials failed to properly warn residents about water chemistry that caused corrosion in piping leading to 28 homes and one school building in January.

    An Ohio EPA spokeswoman said if Sebring does not fix the problem, the state agency could fine the village or involve the Ohio Attorney General on the criminal side. However, the spokeswoman does not expect either to occur.

    Sebring’s manager, Richard Giroux, said the village believes it was meeting all the state EPA’s deadlines and the discrepancy may have arisen from the initial use of an incorrect address by state officials. The Ohio EPA spokeswoman said miscommunication was not the issue.

    The Ohio EPA first reported elevated lead levels to Sebring officials on Dec. 3. The notice in Ohio follows the controversy over dangerously high lead levels in the water of Flint, Michigan, which has led to calls for the resignation of Michigan Governor Rick Snyder.

    Schools in the Sebring district were closed for three days in January after two samples from Sebring’s McKinley Junior/Senior High School tested with lead levels above federal standards.

    Sebring officials must submit weekly pH and alkalinity monitoring results reports, offer free water quality testing to all residents upon request and provide bottled water or filtration systems to homes where results are over the federal allowable level.

    “When EPA staff followed up this weekend to conduct cautionary testing on a few homes that tested above the federal allowable level, it became evident that the village had not notified these residents of their recent test results as quickly and thoroughly as they should have,” Ohio EPA Director Craig Butler said.

    Water testing results submitted Tuesday found that 664 of 698 samples have tested below the federal allowable level and test results confirm that the village’s water plant is lead free.

    A report by the EPA said that follow-up tests confirm the water coming into the homes is under federal allowable limits and that running water for several minutes successfully eliminates any detectable lead in the water.

    Lead water pipes still a concern in Boston area

    A piece of an old lead water pipe sat next to a new copper pipe on a Lansing, Mich., street.
    DAVE WASINGER/LANSING STATE JOURNAL – A piece of an old lead water pipe sat next to a new copper pipe on a Lansing, Mich., street.

    Despite drastic improvements in the quality of drinking water over the last few decades, lead is still a concern in thousands of Boston-area homes where water is running through older pipes, officials said.

    More than 20,000 buildings in the area — many built before 1940, when the older service lines were phased out — are fed by lead service lines that run from the main municipal water line into a house.

    Malden is the community with the highest percentage of service lines made of lead; 47 percent of the city’s 11,682 service lines are lead, according to the Massachusetts Water Resources Authority’s best estimates. The next highest rates are in Medford (28 percent), Somerville (22 percent), Marlborough (19 percent), and Winthrop (11 percent).

    Concerns over the amount of lead in water have been reignited in the wake of the water crisis in Flint, Mich., where dangerous lead levels were recently discovered in the water.

    “We’ve been working at this problem as a society for many years, and we’ve actually made a great deal of progress. But there’s certainly more work to be done, which is why we take this so seriously,” said Stephen Estes-Smargiassi, planning and sustainability director at the MWRA.

    The MWRA sends water to 51 cities and towns, including Boston, reaching about 2.2 million people and 5,500 industrial users primarily in Eastern Massachusetts.

    The MWRA says that its water is virtually lead-free when it leaves reservoirs on its way into communities. Water mains, the large pipes that carry water through each town and city, also do not add lead to the water, the authority said. Those mains are made of concrete, iron, or steel.

    In Massachusetts, the installation of lead service lines — narrower pipes that connect mains to individual properties — stopped largely by the 1940s, officials believe.

    It is also possible that homes built before 1986 may have lead solder in their interior plumbing and that faucets made through 2013 may contain enough lead to contribute to elevated lead levels in water.

    The MWRA estimates only about 5 percent of service lines it sends water to are made of lead.

    However, MWRA officials said their records may not be accurate. For example, their records show only about 100 lead service connections in Boston. But the Boston Water and Sewer Commission says there are about 3,500.

    Steps have been taken in recent years to replace lead service lines. But there are obstacles. Replacing them can be expensive for homeowners.

    Joseph Wood, owner of Boston Standard Plumbing, said he does about one lead service line replacement every other month, compared with about two per month 15 years ago.

    He said that the average project costs between $3,500 and $5,000, but the city of Boston offers subsidies and financing that can make such project more affordable for homeowners.

    Lynn Thorp, national campaigns director at Clean Water Action, said more should be done to replace the lines.

    She said that water utilities have not made replacement a priority because there are no regulations requiring them to.

    “We need water systems to do an inventory of lead service lines and come up with a comprehensive plan for how to get lead service lines out of their systems,” Thorp said.

    She advised all residents to have their water tested.

    Philippe Grandjean, a Harvard environmental health professor who has studied lead toxicity, said that while progress has been made to reduce lead levels in water nationwide, residents should remain cautious.

    “It doesn’t mean that we’re safe and that we’ve done enough,” he said. “Every community in this country should be aware that there is a very strong likelihood that there is lead somewhere in the water system.”

    Inside buildings, lead pipes are rare, but pipes made of other materials may be held together with lead solder (which was commonly used before 1986). Brass pipes, fittings, and faucets can contain lead, too.

    One simple but effective measure to reduce the risk: Run cold water for 15 to 30 seconds if the pipes have been unused for a while to clear lead buildup. Experts also advise avoiding the use of more-corrosive hot water from the tap.

    The MWRA, for its part, alters the chemistry of its water, a practice that began in 1996, to make it less corrosive and less likely to cause lead to leach into the water.

    Lead poisoning can cause serious damage to the brain, kidneys, nervous system, and red blood cells, potentially affecting physical development and the ability to learn.

    Small amounts of lead in adults are not thought to be harmful, but even low levels of lead can be dangerous to infants and children.

    “If the lead causes brain damage, that is going to stay for the rest of the child’s life,” Grandjean said. “You only get one chance to develop the brain.”

    Lead poisoning can also be caused by exposure to lead in soil, paint, household dust, food, and certain types of pottery, porcelain, and pewter.

    While standards exist for what is considered a safe level of lead in the blood as well as in drinking water, experts in recent years have stressed that no level is truly safe.

    To monitor lead levels in water, the MWRA conducts tests in about 450 homes across its system annually. Each must meet criteria that makes them likely to have high levels of lead.

    The US Environmental Protection Agency requires that no more than 10 percent of the samples contain levels of lead above 15 parts per billion or corrective measures will be mandated. In 2015, only 2.3 percent of MWRA samples were above the threshold.

    That’s a dramatic reduction from when testing began in 1992. At that time, more than 40 percent of samples had lead levels above the threshold.

    Communities with at least one home that tested above the standard in 2015 were: Boston, Malden, Melrose, Milton, Newton, Somerville, Stoneham, and Winthrop.

    One Malden home had lead levels of 584 parts per billion, by far the worst found.

    “While system-wide results have shown remarkable reductions, MWRA continues to stress that elevated lead levels in any home deserve attention,” the authority wrote in a letter sent last month to local officials to allay fears about the Flint crisis.

    Experts say that a scenario as dire as what unfolded in Flint is unlikely to occur elsewhere because Flint’s problems were caused by a long list of unusual and avoidable failures.

    Thorp said she hoped the Flint case would spur greater awareness of how water systems around the country still need improvement.

    “We do tend to get complacent around many drinking water issues because we’ve made so much progress in this country,” she said.

    “We tend to only react when there’s a crisis revealed. We need to be much more proactive . . . and not just react when there’s a crisis.”

  • Example Of Environmental Economics

     

    In this May 1, 2014 photo, irrigation water runs along the dried-up ditch between the rice farms to provide water for the rice fields in Richvale, Calif. California’s drought-ravaged reservoirs are running so low that state water deliveries to some metropolitan areas have all but stopped, and cutbacks are forcing growers to fallow fields. (AP Photo/Jae C. Hong)
    Irrigation water runs along the dried-up ditch between the rice farms to provide water for the rice fields in Richvale, Calif. California’s drought-ravaged reservoirs are running so low that state water deliveries to some metropolitan areas have all but stopped, and cutbacks are forcing growers to fallow fields. (AP Photo/Jae C. Hong)

    Environmental Strategist, between the lines:  The article below offers an excellent example of why we are transitioning away from our current slash and trash economic platform to an environmental economic platform.

    The basic difference is, under our current slash and trash economic platform our environment is a subset under the economy.  Operating under an environmental economic platform the opposite is true, our economy is a subset under the environment. 

    This article highlights how businesses operating in our past slash and trash economy decided they would bring the environment to where they wanted to grow food, which happens to be in a desert.  Under environmental economics, you grow food where there are already sufficient natural resources to support the business. 

    When mother nature removes or reduces a resource it has a tremendous negative impact upon a slash and trash economy. 

    Playing Dirty in the War for Water

    • January 26, 2016

    I am a farmer’s daughter. I grew up checking sprinklers and changing irrigation with my dad in a pair of muddy boots. The experience afforded me an intimate awareness of the importance of having affordable water to nourish one’s crops. My family still farms in California, and as my last name indicates, our heritage is Hispanic. Which is why I find this story especially upsetting.

    With poignant slogans and gripping imagery, an organization called “El Agua Es Asunto de Todos”—Water is Everybody’s Business—has demanded more water for the San Joaquin Valley. In video testimonials on the group’s website, Hispanic community members share stories of the valley’s once-productive fields as well as the suffering they experience now from lack of work. They discuss school closures, poverty, and loss of homes. The organization’s website reads: “No water. No work. No economy,” and, “Water is the key to our future. And the future is in our hands.”

    The group’s message is a valid one. Without water there are no fields and therefore fewer jobs. But its message also strikes me as disingenuous. While El Agua operates under the guise of a grassroots Latino community effort, as the New York Times reported in December, it is funded entirely by Westlands Water District.

    To be clear, nowhere on El Agua’s website could I find mention that the organization is bankrolled by Westlands. Nor could I find any statistic or reference to water availability and usage. Instead, its pages are filled with emotionally charged language and victimized pleas. “It’s a disaster,” one testimonial reads. “We’re going to lose everything we have.” But the fact is, that the group’s participants—presumably innocent, well-meaning people—are being played. And their heart-wrenching village campaign is, in reality, a thirsty wolf in sheep’s clothing.

    Westlands Water District is not your average water district. According to the New York Timesarticle, it supports about 600 large-scale farmers within a 600,000-acre stretch of land in California’s San Joaquin Valley. As the Times reports, it’s a $100 million-a-year agency and a powerful political force, with a litigious past and five lobbying firms under contract in Washington and Sacramento, all with one objective: to get its hands on inexpensive water.

    The New York Times reports that for decades a federal water management organization called the Central Valley Project offered farmers in California’s San Joaquin Valley an abundance of affordable water that it gathered in northern California and piped south via 500 miles of canals. Farmers within the district received a triple subsidy—cheap water, USDA crop subsidies, and below-market electricity. However, in the 1970s, the State Water Project created a second canal system and diverted some of the same water from the northern Californian source rivers.

    As you can imagine, devastating environmental problems emerged. Commercial salmon fisheries collapsed. At the confluence of the Sacramento and San Joaquin Rivers, fish populations declined dramatically. Congress’s solution was a law reserving at least a minimum amount of water for wildlife. Not surprisingly, it hit a nerve with farmers in the San Joaquin Valley. El Agua represents one facet of Westlands’ many efforts to access more federal water.

    Since then, Westlands has lobbied for new reservoirs to augment Central Valley Project reserves, according the New York Times. It has pleaded that water scarcity will ruin the lives of the district’s Latino population. Purchasing water at inflated prices from other sources would reduce agricultural profits and threaten farmers’ bottom line with ruinous results. The New York Times reports that Westlands is currently working to persuade Congress to loosen the rules that set aside Sacramento basin water for fisheries. And it will stop at nothing to get the federal tap turned back on.

    In a heartfelt message on El Agua’s website, general director Martha Elvia Rosas writes, “When we suffer water restrictions, all of us are affected. However the Hispanic community is especially vulnerable. We lose our jobs and our businesses. Furthermore, we lose educational opportunities for our children and, in general, our entire future is put at risk.” This statement, while partially true, leaves out the fact that Westlands has the power to change the current circumstances, or any role in the issue’s resolution for that matter.

    El agua es absolutamente asunto de todos. I couldn’t agree more. Water rights are indeed everyone’s business. And I wholeheartedly support an honest discussion of facts between farmers, politicians, and the Hispanic community. But manipulative tactics and self-serving slogans? That just seems sinister.

    I welcome your thoughts.

     

  • AIG Will No Longer Be Offering Monoline Site Pollution Coverage – Must Read For Commercial Insurance Agents

    As your environmental team member it is our job to keep you posted on changes in the environmental market place.

    AIG Environmental announced a decision yesterday, January 27, 2016 that they are no longer writing standalone pollution legal liability (PLL) policies also referred to as site pollution coverage.  Our understanding at this time is AIG will honor renewals until roughly June 1st, 2016 at which time they will place their PLL business into a runoff.

    We work with over 30 environmental insurance markets and will be able to seamlessly move your AIG PLL accounts to other carriers.  Based upon our experience in writing PLL (site pollution) policies we should have no problem replacing your coverage with another competitive program from a different carrier.

    I want to stress that as we know today this only applies to mono-line PLL policies (site pollution) and does not pertain to its EAGLE (combined PLL/GL) product. AIG will continue to offer their Eagle product moving forward.

    We will keep you informed as we hear more. This is just another example why having a team member  who specializes in the environmental marketplace is essential to your success.

  • Environmental Liabilities After A Fire

    fire

    12/29/15 – By Chris Bunbury

    environmental Strategist, between the lines:  Follow-up to an article we sent out titled “Must Read For Insurance Professionals That Sell Commercial Fire Insurance Policies”.

    In the article we highlighted how after a fire, the contaminated goo left by the fire department can create environmental liabilities for the insured to dispose of the contamination not to mention potential long term environmental liabilities on the insureds property and third party claims for bodily injury, property damage, business interruption, disposal costs, legal fees, investigation costs….

    The article also pointed out how the fire department is immune from environmental liability and under Federal law the property owner is ultimately responsible for the environmental condition of their land regardless of who caused the contamination.  So, bottom line is fires can create a huge E&O exposure for insurance professionals that sell fire insurance that do not strategize with insureds on potential environmental liabilities and how pollution insurance can fill in gaps in standard P&C coverage’s.

    Environmental Risk Managers, Inc. (ERMI) recently received a submission from one of our Partner agencies for an insured that owns and operates a warehouse.  The insured recently experienced a partial fire loss of just $180,000.  The insured has an opportunity to land a large client but the potential client requires the warehouse to have pollution insurance should they experience an environmental liability with their operation while warehousing the clients products.

    In marketing the submission to environmental insurance carriers ERMI received the following email from an underwriter:  “I am going to pass on this one due to the fire loss this past July.  In order to reconsider I would need results of environmental assessment performed after the fire and a description of any remediation.  And a detailed description of fire prevention and response loss control measures implemented since the loss.”

    I share this because it supports the fact environmental underwriters understand and have experienced the environmental liabilities caused by fires.  Also, fires create unscheduled expenses for the insured due to potential environmental liabilities.

    This is just another example of why pollution liability insurance has become part of “Best Practices” for insurance professionals.  As your environmental team member ERMI can assist you to make pollution liability insurance and risk management part of your daily business model to drive sales while reducing your E&O exposure.

  • Porter Ranch Gas Leak Compared To BP Gulf Oil Spill

    environmental Strategist™, between the lines:  Typically, when strategizing with a business about their environmental exposures, businesses just think about a spill and the cost to clean up the spill as their only exposure.  The reality is the cost to clean up a spill / release is often times far less than the associated costs such as legal fees, third party bodily injury & property damage, third party business income, fines & penalties, investigation costs, disposal costs….

    Pollution insurance policies can also protect you should a third party cause contamination to come onto your property, as in the example below.  Pollution insurance policies can cover defense, bodily injury, property damage, business income and extra expense, investigation costs….  I wonder how many businesses and residents in California impacted by the gas leak wished they had invested into a pollution policy right now?

    Keep in mind, when it comes to buying a pollution policy there is just one simple question the insured needs to answer:  Understanding that insurance is simply a way to finance a loss, does it make fiscal sense to transfer your environmental exposures for fractions of a cent on the dollar or wait until an environmental loss occurs and spend one hundred cents on the dollar out of your own pocket for investigation costs, clean up, defense, third party bodily injury, third party property damage, waste transportation and disposal costs…?

    While that vast majority of pollution policies we sell are for commercial businesses, we also sell to homeowner and condominium associations.

    For solutions go to www.environmentalriskmanagers.com or www.estrategist.com.

    Porter Ranch Gas Leak Compared To BP Gulf Oil Spill

    Porter Ranch residents Susan Gorman-Chang and George Chang will be spending this Christmas away from home in a small two bedroom suite. The family re-located due to the ongoing gas leak in Aliso Canyon. (David Crane / Staff Photographer)

    The smell came from the canyons and drifted over their neighborhoods in late October, but most residents who live in the gated communities ofPorter Ranch thought the northerly gusts of wind common to their area would sweep the stench of rotten eggs away. Instead, the odor persisted.

    It became a phantom that haunted them during their twilight jogs and on their morning walks on dusty horse trails. It was there in their dens where they watched TV and in bedrooms where their children slept. It was even there on the playgrounds of nearby elementary schools.

    “It was smelling really bad,” said Susan Gorman-Chang, who along with her husband, George, has lived in Porter Ranch for more than 20 years. Now, the couple has chosen to leave the area. “Our neighbor called the fire department. It was that bad.”

    The Southern California Gas Co. knew what was happening a day before the fire department was called. They knew methane was leaking from a 40-year-old well in Aliso Canyon above the Santa Susana Mountains, that it was spewing tons of gas into the air. Several days later, they informed residents through letters that the agency would plug the leak as fast as possible.

    DISPLACING A COMMUNITY

    Eight weeks after that call was made, the leak continues. It has caused massive disruption in the northwestern San Fernando Valley community of Porter Ranch, an affluent community of nearly 31,000 residents about 28 miles from downtown Los Angeles. More than 1,800 families have been relocated by the gas company and more than 1,000 remain on a waiting list. Some say they can’t remember a displacement of residents this large since the Northridge earthquake in 1994, when 20,000 people were left homeless. Two local elementary schools have been impacted, with nearly 2,000 schoolchildren and staff slated to be moved to other schools in January.

    Enough methane gas is being released to fill the Empire State building each day, state officials have said, and the concern has even reached the Federal Aviation Administration, which issued temporary flight restrictions over the area for small aircraft and helicopters.

    The gas company has apologized but has said the leak may take four months to plug and to create a relief well.

    “It’s like the BP spill on land,” said environmental activist Erin Brockovich, who was made famous by successfully battling Pacific Gas and Electric Co. over groundwater contamination in the community ofHinkley in the Inland Empire in 1996. “I’ve really never seen anything like this. I think the magnitude is enormous. Its like a volcano, and the gas is like the lava that can’t be shut off.”

    LARGEST GAS STORAGE IN NATION

    An abandoned oil field with 115 wells, the Aliso Canyon storage facility became the second largest in the nation when it was repurposed in the 1970s, with a capacity to hold 86 billion cubic feet of natural gas.

    Gas continues to leak from a narrow pipe enclosed in a breached 7-inch well casing. The affected well, known as SS 25, is 8,750 feet deep.

    Aging infrastructure may be to blame. In a report presented to California’s Public Utilities Commission last year, concerns were raised by the gas company regarding well casings that were “further amplified by the age, length and location of wells,” according to the report. “Some SoCalGas wells are more than 80 years old with an average age of 52 years.”

    The number of wells that have needed repairs has increased, from three repairs in 2008 when tracking of repairs began, to nine in 2013.

    “Without a robust program to inspect underground storage wells to identify potential safety and/or integrity issues, problems may remain undetected,” last year’s report stated.

    The affected well passed its pressure tests, including the latest one in 2014, according to the California Department of Conservation’s Division of Oil, Gas and Geothermal Resources.

    ENVIRONMENTAL CONCERNS

    The 1,200 tons of methane gas being released daily by the affected well is adding 25 percent more greenhouse gas to the atmosphere per month than normal, said Dave Clegern, spokesman for the California Air Resources Board. Methane is about 9 percent of the total annual greenhouse gas emissions in California, Clegern added.

    “You can figure that a million metric tons — which is about the estimated monthly amount — is the equivalent of putting about 200,000 more cars on the road for a year.”

    Methane lives in the atmosphere for about 12 years, according to the U.S. Environmental Protection Agency. Unlike carbon dioxide, which can live longer in the atmosphere, methane can be more devastating to the climate because of how well it absorbs heat, according the Environmental Defense Fund.

    HEALTH FEARS

    That may be bad for the environment, but families who live in Porter Ranch are wondering what the gas leak is doing to their lungs, hearts and the health of their children. Residents have reported headaches, nausea and nosebleeds. Even their dogs and cats were getting sick.

    The nurse’s office at two nearby elementary schools reported increased visits by children, up to 38 one week. The most common symptoms reported by the students were headache and stomachache.

    Earlier this month, county health officials said the gas leak did not pose any long-term health risks but then changed course after as the leak entered its sixth week and gas company officials said it might take four months to plug the well.

    Prolonged exposure to trace chemicals, county health officials later said, some of which are known carcinogens, can cause long-term health effects.

    However, they cautioned that levels examined so far in Porter Ranch are not believed to be associated with long-term health problems.

    “As the duration of exposure increases, these trace levels can produce significant long-term health effects,” county Department of Public HealthInterim Director Cynthia Harding wrote in a memo sent to the Los Angeles County Board of Supervisors. “As this incident has moved from a short-term exposure event resolved within days, to now a long-term event potentially lasting months, supplemental monitoring of potentially harmful trace chemicals is warranted.”

    What is less understood is mercaptan, or what’s been described as a harmless chemical that contains sulphur that is added to natural gas to make it smell like rotten eggs and so that it can be detected.

    But very little is known about the health effects of methyl mercaptan, according to the federal Centers for Disease Control and Prevention.

    “The only information available is about a worker exposed to very high levels of this compound when he opened and emptied tanks of this compound,” according to the CDC. “He developed anemia, went into a coma and died about a month later.”

    The last report on mercaptan offered by the Agency for Toxic Substance and Disease Registry, a division of the CDC, was presented in 1992.

    “We do not know whether long-term exposure of humans to low levels of methyl mercaptan can result in harmful health effects such as cancer, birth defects, or problems with reproduction.”

    Guidelines released by the Occupational Safety and HealthAdministration to workers say that long-term exposure of mercaptan can cause dermatitis.

    There also is little information about whether mercaptan causes cancer in people or animals. Methyl mercaptan has not been classified a carcinogen by the Department of Health and Human Services, the International Agency for Research on Cancer or the Environmental Protection Agency.

    The gas began leaking Oct. 23. One day later residents began calling in complaints to the Air Quality Management District. Since then, there have been more than 1,400 complaints.

    “We have received a large number of complaints, not unprecedented, but a large amount,” said Sam Atwood, a spokesman for the AQMD. “This is a large number of complaints over a couple of months.”

    The delay in communication by the Gas Co. to residents is what has raised distrust and anger in the community, said Alexandra Nagy of Food & Water Watch. The environmental nonprofit has helped Porter Ranch residents organize protests and rallies.

    “This is an extreme health crisis and it is an extreme environmental crisis,” Nagy said. “These are real health symptoms. Residents are so fed up.”

    THOUSANDS DISPLACED

    Susan Gorman-Chang and her husband, George, said they moved into Porter Ranch in 1991 when new homes were being built. They had weathered the Northridge earthquake and even evacuated their home during wildfires that swept into the canyons above them. Last year, residents formed Save Porter Ranch to discourage Termo Co. of Long Beach, which now operates 18 wells in Aliso Canyon, from drilling 12 more within the next six years — a move that could potentially tap up to 200,000 more barrels of oil.

    But the smell that was affecting them from the gas leak was too much. Gorman-Chang said she had trouble breathing after jogs. George Chang said he felt dizzy after morning walks. They were among the first families to relocate after the gas company agreed to reimburse residents who wanted to leave. Since mid-November, the Changs have lived in a two-bedroom hotel room in Chatsworth.

    “We’re lucky,” Gorman-Chang said. “There are families that had to relocate down as far as Marina del Rey. And now many can’t find places to stay.”

    But they miss their routine. George Chang said he still goes to his Porter Ranch home to pick up newspapers and mail. Gorman-Chang said she went back to their home about 4 miles away to make the Thanksgiving turkey because there is no stove in the hotel room.

    Inside their room, there is a small Charlie Brown Christmas tree that George Chang ordered because he said it was important to keep spirits up. Their son, who attends Cal State Northridge, lives with them.

    “It’s been a struggle,” Gorman-Chang said. “You have this delicate balance of life, and then all of a sudden it’s gone.”

    ‘A DISASTER AREA’

    Meanwhile, the Los Angeles County Board of Supervisors on Tuesday declared the leak in Porter Ranch an emergency to pave the way for state and federal assistance.

    “This is a disaster area,” Los Angeles County Supervisor Michael Antonovich said that day. “The financial liability of Southern California Gas Co. has to be to the neighbors who have lost residential properties, the ability to sell. The home valuation has gone in the toilet.”

    Los Angeles City Attorney Mike Feuer filed a civil lawsuit against SoCalGas alleging the Aliso Canyon leak has threatened residents’ health and hurt the environment. The lawsuit also alleges a public nuisance and violation of the California Unfair Competition Law from the leak.

    “It is the most significant event and potentially biggest health emergency in the history of Los Angeles,” Feuer said. “There’s a huge spectrum of concern out there.”

    Brockovich, who is working on behalf of the law firm Weitz & Luxenbergwhich filed a lawsuit on behalf of residents, said monetary compensation won’t be enough for the residents. She said the gas company should have had a contingency plan in place, in case of such leaks.

    “There has to be a new plan moving forward,” Brockovich said. “As we move forward, lawsuits are not going to work anymore. There needs to be measures to change what has happened, to prevent it from happening again and to assure total safety to those people. This is, I think, a huge wake-up call.”

    Staff Writers Dana Bartholomew, Sarah Favot, Dakota Smith and Greg Wilcox contributed to this report.

    Los Angeles sues gas company over 6-week-old leak  – more on the story here

  • Environmental Exposures Created By Loading Docks

    loadingdock

    by Chris Bunbury, eS – 12/17/15 :  Environmental liabilities generally take place over long periods of time.  A perfect example of this are loading docks.  Some of the contaminants that come off trucks using loading docks are lead; cadmium; asbestos; anti-freeze; petroleum products; hydraulic fluids; release of fluids from loading dock levelers; loading & unloading of cargo….  Loading docks that are not maintained like in the picture above allow these contaminates to seep into the ground and spread via ground water, vapor intrusion or storm water runoff and can create environmental liabilities for the property owners.

    Companies with loading docks need to have a loading dock management program that maintains the integrity of the dock while capturing contaminants so over time they do not create an environmental liability.

    Real estate owners that lease out facilities with loading docks should include in their lease the tenant is responsible for maintaining the integrity of loading docks including an overview of what is expected in maintaining the integrity.  Tenants should also be responsible to provide timely notification of environmental concerns related not only to the loading docks but the leased premises to the real estate owner/s.

    environmental Strategist™ (eS) go one step further and feel the tenant should at a minimum, annually send to the property owner a signed document they have maintained the leased premises free of environmental liabilities.  The reason you do this is because as the property owner you are ultimately responsible for the environmental condition of your property regardless of who caused the environmental liability.  With the tenant environmental sign off report you are at a minimum building your defense should the tenant cause an environmental liability and you get dragged in as the real estate owner.

  • Above Ground Storage Tank Risk Management Strategies

    AST

    12/9/15 – by Chris Bunbury, eS  – Environmental Risk Managers President:

    From contractors to agriculture, manuifacturers, auto dealer and repair facilities, trucking companies, gas stations… Above Ground Storage Tanks (AST’s) are abundant if our business world.

    Initial reactions generally are AST’s make sense versus Underground Storage Tanks (UST’s).  In talking with insurance professionals I will hear the insured does not really have an environmental exposure because their raw materials are stored in AST’s with secondary containment.  The AST pictured above is in secondary containment.  However as you and I am sure the contractor at this job site can see the integrity of the secondary containment has been compromised.  It is important to annually test the integrity of an AST’s secondary containment.

    More than likely if there is a release from this AST it will breach the secondary containment and allow pollutants to spread.  As a side note this tank is located in an area where local residents get their potable water from wells on their property, no city water supplied.

    I also point out this picture was taken after hours and there was no lock on the tank that would restrict vandals from stealing fuel or just pumping it on the ground for fun.  Regardless, the owner of the tank is responsible if there is a release, even if caused by vandals.

    At least this tank was placed in some type of secondary containment.  I would say more times than not AST’s are just placed on the ground with no secondary containment.  Farmers, like contractors will move AST’s around on their property to conserve fuel.  We see claims for this after it rains and the ground the AST was placed on gets saturated and unstable allowing the tanks to tip and spill its contents.

    Is an AST’s located where natural disasters (tornados, floods, hurricanes, earthquakes…) occur?  Natural disasters can destroy the integrity of the tank releasing its contents?

    While AST’s seem to be a better option than UST’s, when a spill does occur, the contents can spread faster and further than with a UST release.

    Most states do not require financial assurance on AST’s like they do for regulated UST’s.  One benefit to financial assurance is when a loss does occur there are some monies available to address the environmental liability.  AST’s can easily be insured on a standalone basis or using a contractors pollution liability policy or a site pollution insurance policy.

    If you are a AST owner you need to have not only a risk management strategy to reduce your exposure to loss but a financial assurance strategy for when a release occurs.

    As you environmental team member Environmental Risk Managers can assist you in proactively addressing your client’s environmental exposure to storage tanks.