Fuel spills and other accidental releases of hazardous or regulated materials, even in small quantities, can turn into expensive incidents for the spill generator who is not adequately prepared to deal with them. Your first step toward spill preparedness should be conducting a survey of your entire operation to identify every activity that has potential to produce an environmental release. Mapping out a detailed spill contingency plan for each of those activities is next. The efforts you spend "planning a spill" can help minimize your costs and limit the likelihood of liability claims in the event of an incident, on the road or on your home turf.

Driver training is an important aspect of spill preparedness. Trucks should be equipped with spill kits containing plugs, trenching tools and absorbent materials that can be used to stop fuel leaks and limit damage to the environment. Drivers should be instructed in the use of items in the kits. Drivers should also know the location of fuel shutoff valves on their trucks and understand the importance of preventing leaking fuel from running into streams or storm drains. Even a minor spill can wreak environmental havoc if the fuel reaches water.

The EPA classifies spilled fuel as hazardous waste. Any incident resulting in contamination of drinking water by fuel or oil should be reported to the National Response Center, the federal point of contact for reporting oil and chemical spills. Environmental liability for spill damages goes to the spill generator, even if the release occurred as a result of a highway accident in which the truck driver was blameless. As the spill generator, it's your responsibility to contain the spill, report it, then clean it up.

Know Your Reporting Duties
 
The key to staying out of trouble with environmental authorities is in knowing which reports you owe to whom after accidental releases of fuel, spent solvents, cleaning materials, toxic chemicals and other hazardous materials used in a typical fleet operation. Never try to cover up an environmental incident. Stiff fines for failure to report make that an unwise decision. In fact it's better to report a spill even if you do not believe it involves a reportable quantity. If someone in authority says it isn't reportable, that is the best legal defense against third-party claims related to the spill. Just make sure you get the name, position and phone number of the person who said you didn't need to report it.
 
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. In a maintenance facility that handles and manages a broad variety of chemicals and wastes, pollution prevention and proper disposal of regulated materials are primary considerations. Check with environmental authorities to ensure that you are in compliance with all regulations regarding water runoff, underground and above ground storage tanks, and spill prevention/containment.
 
Thorough documentation of every environmental release is the best way to maintain a legally defensible position and avoid being included as a responsible party to a pre-existing contamination problem. A detailed log should be kept of all actions taken after a spill to document that your release was separate in time, separate in nature and was the subject of a separate and complete response and remediation. A driver involved in a fuel spill should record the quantity spilled (based on last fueling and miles driven), times and phone numbers of calls he made to report the incident, actions he took to contain the leak, actions taken by emergency responders at the scene, number of responders, time on scene, and equipment used.

Check Invoices Very Closely

Fire departments and other emergency response agencies have become aggressive in their demands for reimbursement from spill generators. Invoices commonly seek to recover costs for everything from cleaning and replacement of gear to overtime and benefits of personnel. Not all costs that these agencies ask for are properly reimbursable. As part of our service to client companies at Spill Center, we regularly screen invoices from emergency response agencies and frequently come across problems with them. Don't hesitate to request itemized charges and receipts showing that the department actually spent the  amount invoiced.
 
Request a copy of the ordinance that authorizes the fire department to bill spill generators for costs, too. Not all of them have the legal authority to seek reimbursement from you. Unauthorized and inflated charges, incomplete documentation and math errors commonly appear on invoices for emergency services. Hourly rates for equipment vary widely, too.
 
While we do not recommend that you refuse to reimburse reasonable charges, especially if you have a facility in the municipality served by the emergency response agency, you should carefully check invoices to avoid paying more than you legally owe. You can use any problem areas, such as costs not directly associated with the loss, to negotiate down the invoice amount. Replacing equipment damaged and materials used in the incident can be a good compromise.

Time to Prepare is Now
 
The time to prepare for an environmental release is before it happens. Create a detailed contingency plan for each activity that has the potential to produce a spill emergency. List the names and phone numbers of local, state and federal environmental agencies and their reporting requirements. And make sure someone in your organization is responsible for keeping up with changes in the regulations.
 
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. You might include an expert in environmental claims management who can provide assistance with technical and legal aspects associated with spills.
 
Spill Center, for example, assists subscribers with custom spill contingency planning, makes cleanup contractor referrals, and handles all required regulatory reporting, incident screening, invoice auditing, and documentation of incidents. No fleet 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 preparedness and help minimize your fleet's spill-related costs and liability.
 
To learn more about Spill Center spill support and environmental claims management services, visit our website www.spillcenter.com. I also invite you to call me directly at 978-568-1922, X222 or e-mail me at tmoses@spillcenter.com.
 
 
Sincerely,

 
 
Tom Moses
President 
Spill Center

22 Kane Industrial Drive
Hudson, Massachusetts 01749