This property has a documented history as an industrial and manufacturing facility going back to 1941. Historical insurance policies issued during those prior operations and through 1986 could help fund the ongoing and future cleanup under Oregon DEQ oversight.
This 54-acre industrial property has been used for chemical manufacturing since 1941, beginning under Pennsylvania Salt Manufacturing and continuing through successive operators including Elf Atochem, ATOFINA, and Arkema Inc. Operations produced chlorine, DDT, perchlorate, and other hazardous chemicals, leaving extensive contamination across groundwater, soil, river sediment, and surface water discharging to the Willamette River. A groundwater extraction and treatment system has been operating since 2014 behind a 1,600-foot cutoff wall, and a 2008 Consent Order requires ongoing source control measures and completion of an upland feasibility study — but a final remedial action plan has not yet been developed, and no No Further Action determination has been issued. 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.
Chemical manufacturing operations at this property began in 1941 and continued for decades before 1986, producing chlorine, DDT, perchlorate, and other hazardous chemicals throughout that pre-1986 period. The ongoing groundwater extraction and treatment, completion of an upland feasibility study, development of a final remedial action plan, and continued Oregon DEQ compliance represent substantial costs this property still faces that pre-1986 carriers may be obligated to fund 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.
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
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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.