This chemical plant in Umatilla County was documented by EPA in 1987 with existing groundwater contamination — simazine detected in groundwater and chemical applicator tanks observed dumped on the ground, with an underground storage tank also present on the property. Oregon DEQ noted in 1990 that further information was required, but the site has remained in Unassigned status with no investigation or remediation completed in the decades since. No No Further Action determination has been issued, and DEQ's own assessment acknowledged that groundwater and soil contamination could be more widespread than the limited sampling revealed. That history could support an insurance coverage claim against the carriers who issued policies more than 40 years ago — coverage that could help fund the cleanup ahead.
Pre-1986 Commercial General Liability (CGL) policies were occurrence-based and did not contain an effective pollution exclusion in Oregon — and those policies may provide coverage that remains enforceable today. 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 chemical plant operations that caused contamination at this Umatilla County property predate 1986, with EPA documenting simazine in groundwater and chemical applicator tanks dumped on the ground when it first assessed the site in 1987. The site has remained in unassigned status with Oregon DEQ for decades with no investigation or remediation ever completed, meaning the investigation, delineation, and remediation costs this property still faces are entirely ahead — costs that pre-1986 CGL policies issued to operators of this chemical plant 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.
Stay up to date on environmental property cleanup laws and changes.
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.