This industrial property has been used for chainsaw chain manufacturing since 1974, with trichloroethylene (TCE) employed as a degreaser from 1974 to 1989 and underground storage tanks installed circa 1979. TCE contamination has migrated into multiple aquifer zones — shallow sediment, weathered basalt, and competent basalt — and Oregon DEQ placed the facility under Consent Order in 1991, with a Record of Decision signed in 1999. A groundwater pump-and-treat system has operated since 1997 and enhanced reductive dechlorination treatment continues, but the 2024 Remedial Action Progress Report confirms that TCE and other contaminants of concern remain present and additional monitoring and remediation are ongoing through 2025. 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 TCE degreasing and underground fuel storage operations that began in 1974, more than a decade before 1986. The ongoing pump-and-treat system, enhanced reductive dechlorination, continued monitoring across multiple aquifer zones, and additional remediation work ahead under the Oregon DEQ Consent Order represent substantial future cost obligations that historical 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.
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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.