Siltec Corp. operated as a silicon wafer manufacturing facility in Marion County, with process tanks that discharged water to storm drains and surrounding soils. The site was referred to Oregon DEQ through the EPA Site Discovery program in 1990, and subsequent investigation confirmed shallow groundwater contaminated with chlorinated solvents — trichloroethylene (TCE) at concentrations up to 236 µg/l and cis-1,2-dichloroethylene (DCE) at up to 38.6 µg/l — with a contaminant plume extending along Salem Industrial Drive and Kanz Street. Oregon DEQ has designated the property as an impacted property under the Contaminated Aquifer Policy, yet no remediation has been conducted, no No Further Action determination has been issued, and the site remains unassigned with no active enforcement. 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 chlorinated solvent contamination at this property originated from industrial manufacturing operations that were already underway before 1986, with the site referred to Oregon DEQ through the EPA Site Discovery program in 1990. With no cleanup yet undertaken and a confirmed groundwater plume requiring investigation, remediation, and long-term monitoring, the future costs this property still faces are precisely the type of obligations that historical pre-1986 carriers may be required 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.