Even Non-clients Can Get Spill Help Online at New Website

Did you know that even if you are not a Spill Center^® client, you can still get immediate expert help and information about spills and how best to handle and report them? The new Spill Center website, www.spillcenter.com, is a fast and powerful online tool that enables you to Report a Spill Now, Find a Contractor Now and Find Disposal Options Now. You pay only for the services that your require.

At Spill Center, we know that every moment counts when you have a spill emergency. We’ve been helping companies like yours handle spills for over 20 years. Our staff of environmental, legal and technical experts can provide the support you need for spills requiring environmental cleanup. We are a leading hazardous materials support and environmental claims management company, offering services to help motor carriers, truck leasing and rental companies, insurance companies and other clients control costs and limit liability arising from accidental releases of hazmat, diesel fuel and other regulated materials.

Become a Spill Center Subscriber

At the new Spill Center website, you can find out all the details – and learn about the benefits – of becoming a Spill Center client. You are also invited to call Tom Moses, president of Spill Center, to find out how we can tailor our services to meet the exact the needs of your company. Tom is holds a law degree, a certificate in hazardous materials control and emergency response and is a former EPA toxicologist. He founded Spill Center in 1990 to help clients minimize costs and cut through the regulatory maze of government regulations surrounding environmental spills. Call his direct number: 978-568-1922, x222, or email him at tmoses@spillcenter.com.

Spill Data Provides Benefits

Statistical data on spill incidents can provide valuable benefits by alerting companies to safety issues that need to be addressed. Spill Center has developed proprietary computer systems that track statistical data, including container types, as part of its handling of DOT 5800.1 incident report forms for clients. When companies centralize spill reporting with Spill Center, they can be notified whenever an unusual spike is detected in the frequency of spill incidents.

Spill Center worked a case involving a nationwide transportation company that suddenly experienced a system-wide increase in steel-drum leaks. This was unusual because the company had never had any 55-gallon steel drum spills previously. In the course of an eight-hour day, they went from a statistical frequency of zero up to 80% steel-drum failures.

Spill Center’s system picked that up and notified the client. Otherwise the company would not have noticed it because the spills were occurring in cross-dock operations in terminals all over the country. A terminal manager does not typically pick up the phone and call other terminal managers or corporate to report those incidents to them.

But the Spill Center system detected the increased frequency for the client. In addition to notifying the client, a Spill Center compliance associate also notified the client’s customer, a chemical shipper. It was determined that the drum manufacturer had failed to provide the proper wrenches to tighten the bungs on the steel drums. As a result, every drum going out of the chemical plant was a quarter-turn loose.

That cost Spill Center’s client $200,000 in cleanup and response costs in the eight-hour period, but the cause was identified in that short time frame and stopped. Without the Spill Center data, the situation could have cost significantly more before the source of the problem was found.

We hope you found this information useful. 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, Tom Moses, directly at 978-568-1922, X222 or e-mail me at tmoses@spillcenter.com.

It Pays to Check Spill-related Invoices

Any spill requiring environmental cleanup is an expensive proposition. But spill generators often pay more than they need to by failing to closely examine invoices from cleanup contractors and emergency service providers, including fire departments, seeking reimbursement.

Reimbursing Fire Departments

We find that fire departments and other taxpayer-funded emergency response agencies are becoming bolder in their demands for reimbursement from spill generators. But costs that these agencies seek to recover are sometimes reasonable, sometimes not. Empowered by local emergency service reimbursement ordinances, these agencies feel that they should be able to recoup all of their costs from spill generators, but many are operating in unfamiliar territory.

In our invoice auditing for clients, we are seeing a broadening disparity in claims. For example, in the 400 fire department invoices we handled last year, we saw charges for a pumper truck ranging from $20 to $500 per hour. Charges for other equipment and services also vary widely among fire departments. Sometimes the department is not even authorized to seek reimbursement from the spill generator.

Part of our service for our clients, which include private fleets, for-hire carriers, truck leasing companies and chemical and insurance companies, involves making requests for documentation from fire departments and other agencies which seek reimbursement. We request the department’s fee schedule, copies of records showing time in and out, copies of bills for cleaning and equipment replacement – and a copy of the ordinance or law that authorizes the department to seek reimbursement.

Our role is to get the invoice to the point where it can be evaluated properly. Insurance premiums often are calculated on the amount of money paid out on behalf of the insured party, so it’s in the best interest of the insured to determine the real costs and to make sure that they are driven by law.

The most common problem with emergency services invoices that we see involves incomplete documentation. A $1,200 charge for cleaning firefighters’ turnout gear was included on one invoice, but the department was unable to produce a paid bill from a cleaning or decontamination service. To prevent overpayment, spill generators should always ask to see receipts to back up the invoice. For example, if an invoice includes a charge for 150 man hours, the fire department should be able to produce work logs showing time on and off or details of work performed.

Unreasonable Scope of Work

Spill Center staff, which includes paralegals and environmental and technical specialists, frequently see invoices seeking reimbursement for an “unreasonable scope of work.” In one incident, half a dozen fire departments responded to a minor fuel spill and each one invoiced the carrier for emergency services. That is beyond the reasonable scope of response.

Charges for damaged Level A (vapor-protective) suits in incidents that do not call for the use of Level A are also common. Unauthorized charges, such as line items that did not arise directly from the loss, often turn up on invoices, too. These have been seen to include a labor charge with a pro-rated benefits cost or an administrative overhead charge, which might not be reimbursable under the ordinance.

Math errors on invoices constitute another common problem encountered during Spill Center audits. Never assume the math is correct. Many times the numbers just don’t add up. That’s why invoices should be checked carefully. And remember, any costs not directly associated with the loss can be used to negotiate down the invoice amount.

We hope you found this information useful. 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, Tom Moses, directly at 978-568-1922, ext. 222 or e-mail me at tmoses@spillcenter.com.

At International Spills Expo

Tom Moses, president of Spill Center, was an invited speaker at the International Sites and Spills Expos in Toronto, Canada, Nov. 3-4. He joined executives from Zurich North America on a panel to discuss the Zurich Spill Reporting Online (SROL) system. SROL leverages the resources of Spill Center to provide support for Zurich insureds involved in environmental releases requiring cleanup.

Late in 2008, Spill Center teamed up with Zurich to roll out SROL, which is integral to Zurich’s Help Point^® strategy for environmental remediation of spills. The system is designed to provide a timely response by dispatching clean-up contractors, coordinating regulatory reporting and professionally managing claims.

The Expo thoroughly covered the hazmat and site remediation industries, drawing practitioners in the fields of spill response; firefighting; hazmat management; environmental protection, development, restoration, contaminated site cleanup; and soil/groundwater remediation. Mr. Moses explained the benefits of Spill Center’s proprietary systems that are designed to help clients contain costs and limit liability related to spills.

For more than 20 years, Spill Center has been serving clients, ranging from the largest truckload, LTL and private fleets, to small fleets, chemical, environmental and insurance companies, and truck leasing and rental companies. Spill Center maintains listings of more than 3,000 cleanup contractors qualified in spill response and nearly 30,000 up-to-date federal, state, provincial and local jurisdictions throughout North America.

For information about Spill Center’s services and how they can help your company contain costs and limit liability related to accidental spills of fuel, hazardous materials and other regulated substances, visit the website: www.spillcenter.com. Or call Tom Moses at 978-568-1922, x222. Email him at tmoses@spillcenter.com.

Starting Point for Product Recall

Not all the incidents managed by Spill Center involve spills, as in the case of a manufacturer who asked us to handle an emergency product recall campaign. Plastic pails of contaminated commercial dishwashing detergent started expanding and bursting, releasing the highly alkaline liquid. In the first four days of the recall campaign, our call center dispatched cleanup contractors to 480 locations around the U.S. to contain the potentially hazardous material.

The manufacturer, a long-time Spill Center client, is a leading provider of cleaning and other products for the industrial, foodservice and healthcare markets. It was suspected that the detergent had been contaminated in the manufacturing process with hydrogen peroxide, which turns to water and oxygen when combined with an alkaline substance such as the detergent. The oxygen build-up was causing the containers to swell and burst.

The bursting pails posed a hazard, since the detergent can cause injury if it comes in contact with skin or gets in the eyes. The manufacturer, a long-time Spill Center client, wanted to bring the contaminated product back home, so Spill Center was contacted to coordinate the recall effort.

Over the four days that followed the decision to initiate a recall, Spill Center dispatched cleanup contractors to pack the containers in hazmat drums and palletize and placard the loads for transportation. The detergent had been distributed to customers throughout the country, including nursing homes, hospitals, restaurants, and college facilities.

Once the company instructed its customers to contact Spill Center, our call center was answering about 60 calls an hour for the first six hours of the event. Some of the callers had contained the material and moved it out of the way. Others wouldn’t touch it and were keeping everyone away from it. But the one common message was: “We need help now. We want this stuff out of here!”

Because of the potential for the containers to explode, the company acted swiftly, responsibly and professionally to locate and recall the contaminated product to minimize any problems. The manufacturer did its due diligence, contacting several companies for advice on how to conduct the recall and how much to budget for it. As a result, they expected the effort to cost nearly $1.5 million. But since Spill Center had been called in early, we were able to reduce the actual costs to $879,000. We did that by anticipating the disposal, product handling, transportation and return process at the outset.

Every contractor was given a complete picture of what was expected. We communicated detailed information about the material and packaging to the contractors and issued handling instructions that stipulated the type of protective equipment that was required for safety. That kept them from bringing out the most expensive equipment, which it wasn’t needed.

Spill Center determined the quantity of product at each loss location, names of the personnel on the scene and what they needed. Our call center, which worked around the clock, also identified the closest available cleanup contractor qualified to do the job of segregating corrosive detergent, over-packing it, properly labeling it, securing it to pallets and placarding the pallets for transportation.

Since we maintain detailed information on contractor response jurisdictions, we were able to coordinate responses by geographic location, giving some contractors multiple assignments. That eliminated mobilization and demobilization charges for the manufacturer. Spill Center directed the contractors to retain common carriers to return the product once it had been secured for transportation rather than transporting it themselves. That resulted in a significant savings. Spill Center also managed the invoice submission process – organizing invoices by location, reviewing all costs, and placing the invoices in line for payment by the manufacturer.

We had never seen anything quite as intense as that product recall. It showed us that our computer system was up to the task. We built it anticipating we would experience a high volume of spills, but it had never been tested it at this level of activity before this recall. I’m happy to report that it performed beautifully.

What’s In Your Contingency Plan?

A spill contingency plan is the key to efficient coordination of cleanup, mitigation and reporting activities after any environmental release requiring a fast, efficient emergency response. Your spill contingency plan should contain detailed instructions for handling spills quickly and complying with all regulations associated with those incidents, including all required regulatory reporting. Creating a written plan is the first step in spill preparedness, and it’s best way to contain costs and limit liability associated with spills.

A spill contingency plan is important because it ensures that the right people in your company are notified, the right internal and external reports are triggered, and preferred contractors are contacted to handle the spill. The contingency plan is the key to efficient coordination of cleanup, mitigation and reporting efforts. The time you spend “planning a spill” can help minimize your costs and limit the likelihood of liability claims in the event of an unintentional release on the road or at your facility.

Your contingency plan should contain response and reporting details 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.

Also list the names and contacts 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 such as Spill Center, which can provide assistance with technical and legal aspects associated with spills.

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 company’s exposure to high spill-related costs and potential liability. Spill Center, for example, assists clients 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.

Also important is accessibility to your spill contingency plan. Keep it in a secure location which is accessible 24/7 to the key people in your company. Online storage is well suited for this purpose. Spill Center provides secure storage for clients contingency plans, as well as databases with nearly 30,000 up-to-date federal, state, provincial and local jurisdictions throughout North America and over 3,000 cleanup contractors qualified in spill response. After a spill, you choose from several contractors available to handle the spill in the vicinity of the release. Spill Center receives no compensation from contractors.

Regardless of whether you decide to use the services of Spill Center or another third-party to coordinate your spill response and reporting or whether you prefer to handle it yourself, make the spill contingency plan a vital part of your preparedness. For information about Spill Center’s services, visit the website: www.spillcenter.com. Or call Tom Moses at 978-568-1922, x222. Email him at tmoses@spillcenter.com.

Consider Value of Outside Experts

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.

Nearly 30,000 federal, state and local jurisdictions across the U.S. require incident reports from spill generators. Shippers and transporters who are unprepared to handle spill emergencies quickly and comply with all reporting requirements can end up with major expenses for cleanup and disposal services, liability issues, and steep penalties for failing to file incident reports on time.

But 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 spill-related costs and liability. Spill Center, for example, assists clients with custom spill contingency planning, makes cleanup contractor referrals, and handles all required regulatory reporting, incident screening, invoice auditing, and documentation of incidents.

You might ask why you should sign up with Spill Center or another organization providing spill support services when you are already covered by insurance. The answer is simple. Insurance companies do not pay fines and penalties arising from failure to report spills or for late reporting. For that reason, insurance companies do not train people to understand reporting documentation or controlling cost and limiting liability related to spills.

Spill Center compliance associates, who include legal, technical and environmental specialists, are on call 24/7 to coordinate spill response and complete telephone and written reports for clients. They fill out more than 300 US DOT Incident Report Forms each month as part of Spill Center’s program of spill-related services for clients – more incident reports for clients than any other organization in the country. As such, we were recognized with a seat on the US DOT Task Force on proposed rulemaking for the DOT 5800.1 Incident Report.

Our highly sophisticated spill reporting and documentation program is applied to the management of every incident that Spill Center handles for clients. A database of current regulations for nearly 30,000 federal, state, provincial and local jurisdictions throughout North America is a key resource for clients. Spill Center compliance associates are experienced in filing NRC, EPA, DOT, state, and local reports, and you can be assured that your reports will be completed accurately and filed on time. Even if you’re comfortable filing your own reports, we are working every day to add new online report generation tools to cut down on your paperwork.