This property has a documented history as an industrial and manufacturing facility predating 1986. Historical insurance policies issued during those prior operations and through 1986 could help fund the cleanup that lies ahead.
This former battery manufacturing facility in Washington County produced massive lead contamination — up to 950,000 mg/kg in on-site soils — with off-site impacts confirmed in drainage ditches, wetland sediments, and surface water along the pathway to Fanno Creek. On-site remediation was completed and received a No Further Action determination in 1995, but off-site cleanup was never finished: a Record of Decision in July 1999 selected soil removal as the remedy, partial removal was completed in 2000, and residual lead contamination at 3,890 mg/kg — well above cleanup goals — persists in the off-site area north of Denny Road. The responsible party successor, Exide Technologies, became unresponsive to Oregon DEQ in 2002, and the project has remained dormant with Unassigned status since, though DEQ confirmed the on-site engineered cap was functional during a March 2017 inspection. 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.
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 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 lead contamination at this property originated from battery manufacturing operations that were well established before 1986, with the responsible party becoming unresponsive to Oregon DEQ by 2002 and off-site cleanup remaining dormant ever since. Residual lead contamination above cleanup goals persists in off-site soils and sediments north of Denny Road, and the investigation, delineation, and removal work ahead remains a future cost obligation that historical pre-1986 carriers of the facility's operators 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.
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
The Restorical Proven Process
Stay up to date on environmental property cleanup laws and changes.
Report Email Updates
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.