The Washington Water Power Central Steam Plant was built in 1915 and operated from 1916 through 1986, producing steam and electric power — initially from coal and sawdust, then exclusively from petroleum after all boilers were converted by 1970. Seven concrete underground storage tanks, installed between 1966 and 1975, supplied petroleum to the plant's boilers; a petroleum release from those tanks was identified between 1982 and 1984. Investigations beginning in the 1980s led to the installation of mechanical remediation systems in 1997 — including hydraulic control, free product recovery, bioventing for oil biodegradation, and stormwater controls — along with significant soil excavation. Operations and monitoring at the site remain active. 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.
Petroleum contamination at this property traces directly to underground storage tanks that supplied fuel to boilers during decades of industrial operations, all of which predate 1986. Occurrence-based CGL policies issued to Washington Water Power during that operational window carried no effective pollution exclusion under Washington law and remain enforceable today. The remediation expenditures documented here — multi-year investigations, mechanical recovery systems, bioventing, soil excavation, and ongoing monitoring now spanning nearly three decades — represent costs that historical carriers may be obligated to reimburse and to continue funding.
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.
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.