This property operated as the Northwest Plating metal electroplating facility from 1957 through at least 1989, with commercial activities centered on electroplating, coating, and refinishing using plating metals and trichloroethylene (TCE) as a cleaning solvent. Contamination was discovered in 1989 and attributed to smaller releases accumulated over decades of normal electroplating and anodizing operations. Remediation under the Voluntary Cleanup Program has proceeded in multiple phases: soil and tank excavation removed 150 cubic yards of impacted soil in 2005, followed by hazardous waste removal and building decontamination. Beginning in 2016, an interim remedial action combining Soil Vapor Extraction (SVE) and Enhanced Reductive Dechlorination (ERD) was implemented, with the SVE system removing 167 pounds of VOCs between May 2017 and February 2019 alongside quarterly groundwater monitoring. 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.
Electroplating and solvent-degreasing operations at this site using TCE and plating metals ran for nearly three decades before 1986 — the threshold year after which occurrence-based Commercial General Liability policies began carrying effective pollution exclusions. The contamination documented here is expressly characterized as the product of gradual, incremental releases during routine operations across that long pre-1986 window, which is precisely the pattern those older policies were written to address. Documented remediation expenditures spanning more than thirty years — including soil and tank excavation, hazardous waste removal, active vapor extraction, bioremediation, and ongoing groundwater monitoring — represent costs that historical carriers whose CGL policies were in force between 1957 and 1986 may be obligated to fund, with active remediation still underway.
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.