This property was developed in 1980 by Crosby and Overton, Inc. as a hazardous waste treatment, storage, and disposal facility, accepting oily wastewater, solvents, caustics, and petroleum products under a RCRA permit. Operations continued under Chemical Processors Inc. (Chempro), which renamed itself Burlington Environmental, Inc. in January 1992. Documented cleanup activities include excavation of 705 cubic yards of contaminated soil, multiple underground storage tank removals, and pipeline replacements. The preferred remedy — geochemical controls combined with Monitored Natural Attenuation — is estimated to cost $2.3 million over 15 to 20 years, with ongoing monitoring and institutional controls required throughout. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
Pre-1986 Commercial General Liability (CGL) policies were occurrence-based and did not contain an effective pollution exclusion in Washington. If contamination occurred while those policies were active, those historical insurance carriers may still have a legal obligation to fund the cleanup costs, even if the business closed or the property changed hands.
Hazardous waste operations at this facility began in 1980, and underground storage tanks were in service well before 1986 — the year occurrence-based Commercial General Liability policies stopped reliably covering pollution claims in Washington. Contamination documented across multiple Areas of Concern and Solid Waste Management Units reflects decades of industrial waste handling that originated during the pre-1986 operational window, not a single recent incident. The $2.3 million remediation program projected to span 15 to 20 years represents a cost trail that historical carriers — whose policies covered the facility during its founding years — may be obligated to fund.
Restorical's role is to locate viable historical policies, determine whether a successful coverage claim is possible, and assist our clients and their legal counsel to obtain insurance coverage. Restorical then manages the claim, including accounting, to ensure the cleanup is funded in a timely manner.
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Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.