This property has been used for petroleum operations since its construction as a refinery in 1947, later transitioning to bulk petroleum and asphalt storage under Chevron. Extensive groundwater contamination has been documented, including free-phase petroleum product in multiple monitoring wells, TPH and PAH concentrations exceeding Portland Harbor Cleanup Levels by orders of magnitude, and sediment contamination with metals and PAHs discharging to the Willamette River within the Portland Harbor Superfund Site. Oregon DEQ and EPA maintain active oversight — a VCP Letter Agreement was executed in October 2023 for source control evaluation and naphtha remediation, and DEQ approved a Focused Source Control Evaluation Work Plan in May 2025. Quarterly naphtha recovery from monitoring wells continues, product levels remain above closure thresholds, 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.
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.
Petroleum refining and asphalt storage operations at this property began in 1947 and generated contamination over nearly four decades before 1986. The ongoing naphtha recovery, multi-quarter groundwater monitoring program, source control evaluation, and remediation work directed by both Oregon DEQ and EPA represent substantial current and future costs 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.
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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.