This property has been in light industrial use since at least the 1960s, with the Main Building constructed in 1962 and underground storage tanks installed around 1970. The facility operated as a permit-exempt wood waste recycling operation before 2007, then transitioned to processing mixed construction and demolition debris — ultimately accumulating 20,000 cubic yards of mixed waste on bare soil without leachate collection or stormwater controls, conditions Ecology determined caused the site to function as an above-ground landfill. Cleanup to date includes the 1995 removal of three USTs and 90 cubic yards of contaminated soil and the removal of stockpile materials; the site is now undergoing a Remedial Investigation with quarterly groundwater monitoring under the Voluntary Cleanup Program. 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.
The contamination at Glacier Recycle traces directly to industrial and waste-handling operations stretching from the 1960s through the early 1980s — decades before 1986 — with USTs installed around 1970 and a documented history of compliance issues tied to those historical operations. The 1995 UST removal and 90 cubic yards of soil excavation represent real remediation expenditures already incurred that are recoverable from carriers whose occurrence-based CGL policies were in force during that pre-1986 operational window. The ongoing Remedial Investigation, quarterly groundwater monitoring, and future remediation work Ecology has prescribed represent additional costs those same historical carriers may be obligated to fund going forward.
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.