This industrial property has been in continuous operation since at least the early 1960s under Teledyne Wah Chang and successor ATI, with wastewater sludges disposed in seven unlined storage ponds adjacent to the Willamette River prior to 1980 and radium-contaminated sludge spread across a 50-acre field before 1976. The site was added to the National Priorities List in December 1982, and extensive groundwater contamination — including VOCs, metals, and radionuclides — led to the installation of multiple pump-and-treat systems that have operated continuously since 2000. EPA enforcement actions span decades, from the 1987 Consent Order through a 1996 Consent Decree, and a groundwater use restriction easement recorded in February 2024 confirms that contamination persists; no No Further Action determination has been issued for the groundwater operable unit. 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 contamination at this property originated from industrial operations beginning in the early 1960s — including disposal of wastewater sludges in unlined ponds before 1980 and spreading of radium-contaminated sludge before 1976 — more than two decades before 1986. The ongoing pump-and-treat systems, continued regulatory oversight in Oregon, and unresolved groundwater remediation confirmed by use restrictions recorded as recently as 2024 represent substantial costs this property still faces, and pre-1986 carriers whose policies were in effect during those early decades of operation may be obligated to fund that work 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.