During firefighting, the attention is mainly focused on the health and safety of building occupants and first responders. Damages to property and the environment are most of the time a secondary issue. When the fire is over, damages to property and structures are often visible and rapidly under control. However, damages to the environment usually worsen and risk of exposure to many contaminants remains a concern.
This is why it is necessary to react within the shortest period of time to prevent exposure and to ensure that health and safety issues are taken care of.
In the following article, we will discuss the obligations related to accidental spill of hazardous material related to a fire. We will also consider regulated substances such as asbestos and other substances such as soot and foaming agents, and their possible impact on health and safety and the environment.
ACCIDENTAL SPILL OF HAZARDOUS MATERIAL
A classic case of damage to the environment related to hazardous material is the presence of petroleum product storage tanks. Sometimes, during firefighting these tanks will be knocked over or their conduits will be perforated or broken resulting in a spill. The spilled product can then infiltrate the environment directly or be released into it through the water used in combating the fire, and have an adverse environmental impact on soil, groundwater and surface water.
A petroleum product such as fuel oil is considered a hazardous material by the Regulation respecting hazardous material and its accidental release to the environment entails measures to be carried out without delay.
On this regard, the Regulation respecting hazardous material specifies the following:
8. No one may emit, deposit, discharge or release a hazardous material into the environment or into a sewage system, or allow the emission, deposit, discharge or release therein, unless the operation is made in accordance with the Environment Quality Act (chapter Q-2).
9. Every person who accidentally releases a hazardous material into the environment shall immediately:
(1) stop the spill;
(2) inform the Ministry of Sustainable Development, Environment and Parks; and
(3) recover the hazardous material and remove all contaminated material that is not cleaned or treated on site
This means that when an accidental spill of hazardous material such as fuel oil occurs, not only must the fuel oil spilled be recovered immediately, but also all contaminated material not cleaned or treated on site. This includes in particular soil and groundwater.
The new “Guide d’intervention” of the Ministry of Sustainable Development, Environment and the Fight against Climate Change (MSDEFCC) issued in July 2016 confirms that when an accidental spill occurs, the goal of the remediation work is to restore the site to its original environmental quality.
Given that the initial conditions on site are frequently unknown and that in situ treatment is not a reliable option when remediation goal are restrictive, this results in having to often remove all soil for which the level of contamination exceeds quantification limits of the analytical method.
Since the “Guide d’intervention” was issued, this is also true for groundwater. Pumping and treating contaminated groundwater is a slow process which can stretch out over many months or even many years causing a significant financial increase of remediation cost when the goal is to recover a pristine condition.
This is why after a fire occurred, it is essential to rapidly ensure that no hazardous material was released to the environment, and when such is the case to react without delay in order to minimize the extent of the damages.
The Insurance industry is now more than ever aware that accidental spill of hazardous material is a costly issue during and after firefighting. However other issues less known by the industry also raise significant concern because of their likely adverse impact.
REGULATED SUBSTANCES
When the firefighting is over, renovation, dismantling or reconstruction work will be required most of the time. Some damaged construction materials will be disturbed during remediation work and some of them may contain substances likely to be harmful.
Asbestos is probably one of the most regulated of these substances. Asbestos is found in many construction materials used before 1985 in Québec. When work involving materials containing asbestos is likely to generate dust, such work is subject to a strict regulation.
Section IX.I of the Regulation respecting occupational health and safety lists the employer’s obligations regarding the safe management of asbestos. These obligations include in particular checking for asbestos in material when work is liable to generate dust. The Regulation also requires that dust control measures be taken when material likely to contain asbestos are liable to be disturbed during remediation work. The extent of these measures depends on the type of asbestos, the quantity of material to be disturbed and its friability.
The measures may be limited to wearing the adequate personal protection. However, they may also include that the work area be isolated, that a shower room and a locker room be constructed and that negative air pressure be established in the work area. Other substances such as lead in old paint, mercury in thermostats and beryllium in specialised equipment can also be an issue during remediation work. A sound management of a loss related to a fire should not overlook the management of these substances.
COMBUSTION RESIDUES
During a fire, other types of substances such as combustion residues composed of soot and ashes are released into the environment. These residues may contain contaminants like PAH, dioxins, chlorine and many other different compounds likely to have an adverse impact on health and safety of first responders and occupants as well as on the property and the environment.
However, the presence of these residue will most of the time be a concern when they are visible or detectable by smell, and there is not much guidance or regulation to help evaluate exposure risk or their impact on the environment. The lack of specific guidance often results in questions that cannot be answered easily.
For example, what is the environmental impact on a drinking water well when fire water enters it? What contaminants are to be expected? What levels of contamination pose a risk to the occupant’s health? What about the risk of exposure to soot deposits? What is the extent of the required clean up? What is the source of the soot deposits? Answers to these questions are subject to interpretation and we believe it is advisable to retain the services of a certified environmental assessor to evaluate the situation and determine the scope of work required.
FOAMING AGENTS
Another environmental topic related to firefighting which we believe should be taken into account is the use of foaming agents to help extinguish the flames. Some of these products contain chemical compounds whose impact on the environment raises significant concerns. Such is the case of foaming agents containing fluorsurfactants such as perfluorooctanoic carboxylic acid (PFOA) and perfluorooctane sulfonic acid (PFOS). These last products were banned and replaced by other fluorsurfactants for which impact on the environment are not yet well documented.
It may then prove helpful to evaluate the presence of these products when they have been used in significant quantity or when they are likely to impact a sensitive environment such as surface water from a lake. Yet again, we believe that services of a certified environmental assessor should be retained in such a situation.
A rigorous approach taking into account all environmental issues related to firefighting, and to remediation work will considerably reduce exposure risk for the occupants, and the responders on site as well as minimize effects on the environment. Finally, it will also help eliminate the financial impact of additional damage resulting from inaction.
If you have any questions or would like to learn more about this topic, please contact our Environmental team at 877 686-0240 or info@cep-experts.ca