Contractors installing a metal roof on a beachside structure
Pollution Liability · California

The exclusion in your GL.

Coverage for contractors and property owners when work or a site releases mold, asbestos, lead, fuel or chemicals, claims most general liability policies exclude.

By Sam Alishahi · CA Insurance License #4348151 · Reviewed November 2026 · How this page is researched

How it works

General liability excludes pollution

Nearly every general liability policy has a pollution exclusion. If your work disturbs asbestos, spreads mold, spills fuel or releases chemicals, the cleanup and the claims that follow usually aren't covered. Contractors pollution liability (CPL) fills that gap for your operations.

Owners and developers use site pollution coverage for contamination at a property. Public agencies, general contractors and property managers often require CPL in contracts, especially for remediation, demolition, plumbing, HVAC and environmental work. I place it with specialty environmental markets.

  • Cleanup costsRemoving pollutants your work released.
  • Bodily injury and damageClaims from people or properties affected.
  • Mold and asbestosCommon exposures, subject to policy terms.
  • Contract requirementsLimits and additional insureds for your contracts.
Who I help

Businesses that call me

Remediation contractors

Mold, asbestos and lead abatement.

Plumbers and HVAC

Water damage and mold claims tied to your work. See details

Demolition and excavation

Disturbing soil and old materials. Contractor insurance

Janitorial and restoration

Chemicals and water-damage cleanup. See details

Property owners

Site pollution for buildings and land. See details

Contract requires it

Limits and wording for a specific job.

Before you call

What underwriters will ask

Having these ready means I can go to market on the first call. The quote form asks for the same things, and anything you don’t know yet can wait.

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  • Operations: the work you do and any environmental services.
  • Revenue: annual revenue and subcontractor costs.
  • Jobs: typical job types and largest recent job.
  • Contracts: required limits and additional insureds.
  • Licenses: CSLB classifications and certifications.
  • History: current policies and claims.

Underground tanks have their own proof rule

If you own or operate a petroleum underground storage tank, 40 CFR 280.93 requires you to show you can pay for a leak before one happens. The assurance has to cover taking corrective action and compensating third parties for bodily injury and property damage from accidental releases.

  • Per occurrence: a higher minimum for tanks at petroleum marketing facilities or tanks that handle an average of more than 10,000 gallons of petroleum a month, based on the previous calendar year's throughput, and a lower one for all other owners or operators (40 CFR 280.93(a)).
  • Annual aggregate: one minimum for owners or operators of 1 to 100 petroleum tanks and a higher one for 101 or more (40 CFR 280.93(b)).
  • Defense costs: the rule says the required amounts exclude legal defense costs (40 CFR 280.93(g)).

Those are legal minimums set by regulation, not insurance prices or a limit any policy is promised to carry, and insurance is not the only way to meet them. In California, EPA approved the State Water Board's UST Cleanup Fund on June 9, 1993, as a mechanism for meeting the federal requirements for petroleum tanks. To use the Fund that way, an owner or operator has to be in compliance with financial responsibility requirements and UST laws, send a Certification of Financial Responsibility to the local regulatory agency, and keep a copy at each listed site. Funds and rules vary by state.

Before I shop tank coverage, I need the tank count and monthly throughput, because those decide which federal tier applies.

How Superfund liability reaches owners

Under the federal Superfund law (CERCLA), EPA lists four classes of potentially responsible parties: current owners and operators of a facility; past owners and operators at the time hazardous wastes were disposed; generators and parties that arranged for the disposal or transport of the hazardous substances; and transporters that selected the site.

EPA describes the liability as:

  • Strict. A party cannot simply say it was not negligent or that it was operating according to industry standards.
  • Joint and several. When the harm caused by multiple parties cannot be separated, any one of them may be held liable for the entire cleanup.
  • Retroactive. Parties may be held liable for acts that happened before Superfund's enactment in 1980.

EPA says defenses are limited to releases caused by an act of God, an act of war, or acts of a third party with whom you have no contractual relationship. For buyers, All Appropriate Inquiries (AAI), EPA's term for evaluating a property's environmental conditions, can help a buyer qualify for protection as an innocent landowner, contiguous property owner or bona fide prospective purchaser, but AAI alone is not enough: the owner must also meet the statutory criteria and comply with continuing obligations after the purchase. EPA names ASTM E1527-21 as consistent with the AAI rule. AAI must be done or updated within one year before acquisition, with interviews, records review, the site visit and the lien search within 180 days.

Buying commercial property? Send me the environmental site assessment; site pollution underwriters ask for it. The building goes on commercial property insurance.

Lead paint rules on pre-1978 jobs

Under EPA's Renovation, Repair and Painting (RRP) rule, anyone paid to perform work that disturbs paint in housing and child-occupied facilities built before 1978 must be certified, and that includes all firms, even sole proprietorships. A firm cannot advertise or perform covered renovation work without firm certification.

  • Training: firms must make sure workers are trained either as certified renovators or on the job by a certified renovator. Certified Renovator course providers must be accredited by EPA or an authorized state or tribal program.
  • Minor repair exemption: work that disturbs six square feet or less of paint per room inside, or 20 square feet or less on the exterior, is exempt.
  • Always covered: window replacement, demolition of painted surfaces and prohibited practices are covered regardless of square footage.
  • Lead-safe work practices: covered work has to follow practices that minimize occupants' exposure to lead hazards.

This varies by state: EPA has authorized some states, such as Oregon and Wisconsin, to run their own RRP programs. California is not on EPA's list. When I take an application from a painting contractor or remodeler, I ask for the firm's certification and how much of the work is in pre-1978 housing.

Asbestos notice before demolition

The federal asbestos NESHAP (40 CFR 61.145) requires the owner or operator to thoroughly inspect the affected facility, or the part of it being worked on, for asbestos before demolition or renovation begins. Written notice must be postmarked or delivered at least 10 working days before asbestos stripping or removal work or any other covered activity begins. For a demolition, some notice requirements apply even when there is no asbestos.

The full notice and work-practice rules apply when the regulated asbestos-containing material involved is at least 260 linear feet on pipes or 160 square feet on other facility components. For renovations there is also a 35 cubic feet threshold for material off facility components where length or area could not be measured beforehand.

In California, the Air Resources Board cites Health and Safety Code section 39658(b)(1) as the basis for its asbestos NESHAP program and publishes a Notification of Renovation or Demolition form. South Coast AQMD Rule 1403 sets survey requirements, notification requirements and work practices, and notifications are filed electronically through its Rule 1403 Notifications Web Application.

For demolition and excavation crews, I ask whether surveys and notices were filed on past jobs, so keep both in each job file.

What EPA says about mold cleanup

Mold problems follow water. EPA's guidance is blunt: if you clean up the mold but don't fix the water problem, most likely the mold problem will come back. Points for plumbers, HVAC and restoration firms:

  • Dry within 24-48 hours. EPA says it is important to dry water-damaged areas and items in that window to prevent mold growth.
  • About 10 square feet. For a moldy area of less than about 10 square feet, EPA says most people can handle the job themselves. If mold covers more than 10 square feet, EPA points to its guide Mold Remediation in Schools and Commercial Buildings.
  • Don't run a contaminated HVAC system. EPA says not to run it if you know or suspect it is contaminated with mold, because it could spread mold through the building.
  • Hire experience. EPA tells owners to choose a contractor with mold cleanup experience, check references, and look for one who follows ACGIH guidelines or other professional or government guidance.

Keep notes on when you arrived, when drying started and what you told the owner. If your crews work on air systems, see HVAC contractor insurance.

Questions

Pollution liability insurance, answered

Does my general liability cover pollution?

Usually not. Most general liability policies exclude pollution, including mold and asbestos in many cases. A contractors pollution policy covers those claims.

Who needs contractors pollution liability?

Contractors whose work could release pollutants: remediation, demolition, plumbing, HVAC, roofing, painting and restoration, among others. Many contracts require it.

What's the difference between CPL and site pollution?

CPL covers your operations wherever you work. Site pollution covers contamination at a specific property you own or manage.

What do underwriters rate on?

The type of work, revenue, job sizes, limits and claims history.

Is a Phase I environmental site assessment enough to avoid Superfund liability?

Not by itself. EPA says buyers must conduct All Appropriate Inquiries before acquiring the property and comply with all continuing obligations afterward to keep the landowner liability protections.

Do you offer pollution liability insurance outside California?

Yes. Clients across the country send the same quote form. Sam Alishahi is licensed in all 50 states and Washington, DC and places policies there directly. The shopping across carriers works the same way. Rules, minimums and markets differ by state — see insurance requirements by state.

Pollution liability

Tell me about your work. I'll shop it.

Your trade, revenue and contract requirements are enough to start.

Alishahi Insurance · Saman Alishahi, independent insurance broker, California License #4348151. General information, not a quote or a promise of coverage; coverage depends on underwriting and the terms, conditions and exclusions of the policy actually issued. Some policies may be placed with nonadmitted (surplus lines) insurers, which are not members of the California Insurance Guarantee Association (CIGA).

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