This industrial property hosted chrome electroplating operations from 1956 to 1985, during which plating wastes were discharged into a dry well and hexavalent chromium leaked from indoor tanks directly into subsurface soils. Contamination is extensive — hexavalent chromium has been confirmed in two aquifer zones, surface water up to two miles from the site, and drainage ditch sediments reaching toward the Willamette River. EPA listed the site on the National Priorities List in 1984, and the City of Corvallis entered a Consent Decree with EPA in 1992 as the designated Potentially Responsible Party. The 2022 Sixth Five-Year Review found the remedy only "Short-term Protective," with chromium concentrations at extraction well DW-8 persisting well above cleanup goals and multiple outstanding directives — including plume delineation, upper-zone monitoring restart, and PFAS evaluation — carrying milestone dates through 2026. 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 entirely from chrome electroplating operations conducted from 1956 to 1985, placing nearly three decades of waste discharges squarely before 1986. With the groundwater extraction system still falling short of cleanup goals and the 2022 Sixth Five-Year Review directing additional plume delineation, upper-zone monitoring restart, and PFAS evaluation through 2026 and beyond, the substantial investigation, remediation, and long-term monitoring costs that lie ahead are ones that pre-1986 carriers whose policies were in effect during those decades of operations 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.
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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.