Following the mitigation of a loss where all accessible fuel impacts have been recovered and removed, one must confirm whether impacts have migrated below the building foundation, and through other preferential flow pathways (such as the weeping tile system, subsurface utilities, etc.). If impacts have migrated below buildings, the remediation activities required will often be significant. Moving forward without sufficient information about the distribution of fuel in the subsurface could lead to the application of an ineffective remediation technology or solution.

It is critical to understand the full extent of the fuel release at the property prior to moving forward with a comprehensive remediation plan to address the remaining impacts.

An effective investigation will include a thorough sampling and analysis plan to answer several key questions:

• What are the vertical and horizontal extents of impacts to soil and groundwater?
• What are the extents of impacts below the buildings?
• What is their proximity to key building components (foundation walls, load bearing walls)?
• Are there any other contaminants from other sources we should be aware of?
• Have the fuel oil impacts crossed a property boundary?

Many factors come into play that need to be addressed, such as the geology of the site, the preferential pathways for fuel to migrate, and what the potential receptors are (e.g., drinking water wells, water bodies, off-site properties and buildings, indoor air quality). The sampling plan will characterize what contaminants will be analyzed, as well as the sampling location. The sampling plan will also dictate how the information will be collected, either by test pits, boreholes, monitoring wells or indoor air quality testing. Furthermore, one must consider the physical characteristics of the loss, its distribution in the environment, as well as its location relative to important building components. These issues will have significant implications for proposed remediation strategies.

The remediation plan
In most cases, once delineation of the fuel impacts have been defined, remedial options can be evaluated. While many projects can move right from the investigation phase to an effective and timely remediation solution, issues related to the complexity of the loss, and available coverage can make the project more difficult. It is at this point that difficult conversations may need to be had with the insured regarding coverage issues and the overall implications of the loss.

When all parties agree on the best remedial path to move forward with, it is imperative that a qualified contractor is utilized to complete the project. Experience is key in dealing with a complicated loss and having the right contracting team in place to execute the job is essential to minimize the time to complete the work and to ensure it is done right.

Notes for remediation and subrogation
When remediating a site, a practitioner can be too focused on the end goal, rather than on documenting each step of the way. For example, one might encounter groundwater with red liquid fuel floating on the top and call a vacuum truck to remove it without taking a sample to confirm that it was in fact contaminated water. While everyone knows that water with fuel on it is contaminated, this simple step will go a long way in convincing those reviewing the file later that the significant costs spent on vacuum trucks were warranted. This is not to suggest that a consultant or engineer has to collect a sample for every vacuum truck that collects water from the property, or bucket of soil that leaves the property. However, having documentation that supports and justifies the decisions made onsite is critical when answering questions that may arise years after the file is complete.

Quite often a fuel oil loss can take several months or more from start to finish. The close out of a project isn’t always easy and in some cases has residual components to complete well after the remediation is done, such as spring landscaping, final data collection or reporting. However, if a clear process is defined at the onset of a project, and thorough documentation of all activities was completed, there is no reason that any job cannot have a successful outcome for all those involved.

Christian Tenaglia, M.Env.Sc., P.Eng., QPESA, EP, is the Regional Manager of Pinchin’s Northern Ontario Region, and is based in Sault Ste. Marie. Neil Butler, B.Sc. (Env.), is Director of Insurance Services, Environmental Due Diligence and Remediation, and is based in Mississauga.