Public Works cleanup site — Restorical Research
Kitsap County Sewer Dist 5 & 7
Port Orchard, Kitsap County
Restorical Research
Preliminary Site-Specific Analysis

This property has a documented history as a public works and maintenance facility going back to 1965. Historical insurance policies issued during those prior operations and through 1986 could recover the cleanup costs already paid.

This property served as the administrative office and vehicle maintenance facility for Kitsap County Sewer District #5, with four underground storage tanks — two for heating oil, one for diesel, and one for gasoline — supporting municipal operations from at least the mid-1960s. Cleanup under the Voluntary Cleanup Program spanned from 1997 to 2006 and included multiple phases of UST removal and soil excavation, with contaminated soil disposed offsite, backfilling with control density fill, and in-situ bioremediation of residual contamination. An environmental covenant was recorded in 2008 requiring an asphaltic concrete cover over residual contamination and periodic reviews. The site has received a No Further Action determination. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.

Former Use
Former Public Works
AddressPort Orchard, Kitsap County
Historical UsePublic Works
Est. Operating Since1965
StatusNo Further Action
Contamination & Investigation
Site Assessment Summary
ContaminantsPetroleum hydrocarbons (heating oil, diesel, gasoline) from leaking USTs detected in soil
Media ImpactedSoil, Groundwater
Regulatory ProgramMTCA — Voluntary Cleanup Program
Ecology Site #5363

Why Historical Insurance Policies May Be Accessible

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 originated from underground storage tanks installed as early as the mid-1960s — more than two decades before occurrence-based CGL policies gave way to claims-made forms with absolute pollution exclusions. Nearly a decade of documented remediation expenditures — tank removals, multi-phase soil excavation, bioremediation, engineered cover installation, and ongoing institutional controls — were incurred to address releases directly tied to those pre-1986 municipal operations. Historical carriers who issued CGL policies to the sewer district during that operational window may still be obligated to recover those cleanup costs.

Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.

Recovering Costs from an Older Cleanup

If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.

What We Look For

  • Historical insurance policies (pre-1986)
  • Policy numbers, carrier names, and coverage periods
  • Connection between contamination timing and policy period
  • Evidence linking cleanup obligation to insured activity

What We Deliver

  • Historical Coverage Chart
  • Trigger Analysis & Property/Policy Nexus
  • Coverage strategy with recommendations
  • Insurance funding for your remediation
  • Claims Management & Forensic Accounting

The Restorical Proven Process

Task 1 — Research and Analysis
Restorical searches for viable historical insurance policies, researches the site history, analyzes the contamination impacts, and underwrites potential coverage — including a proprietary trigger analysis. At the end of Task 1, we provide a clear yes or no on whether a successful cost recovery is possible, along with a strategy and recommendation specific to your situation, even if you are not the policyholder.
Task 2 — Cost Recovery
When Task 1 confirms viable coverage, Restorical works with your legal counsel to tender the claim and negotiate recovery of costs already incurred. Restorical's forensic accounting team re-establishes and documents past cleanup expenditures, managing the claim process to ensure the insurance companies fulfill their obligation in a timely manner.

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This analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.