This property has operated as a live fire training facility since 1980, with concrete-lined burn pits that used petroleum fuels and AFFF firefighting foam — both known sources of persistent contamination. Leakage from the burn pits reached shallow groundwater at just eight feet below ground surface, and a 1994 excavation removed 750 cubic yards of petroleum-contaminated rock, confirming that contamination was already well established. In 2020, PFAS sampling detected four compounds in the onsite public drinking water well — including PFOS at 28.1 ng/L — and the site sits between two OWRD-designated Groundwater-Limited Areas in an area with a very high density of domestic drinking water wells. Oregon DEQ recommended the site for the Confirmed Release List and further investigation in 2011, but the full extent of contamination has never been defined and no formal cleanup has been conducted. 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 AFFF foam use and petroleum fuel combustion in concrete-lined burn pits that have operated since 1980 — well before 1986 — with leakage reaching shallow groundwater at just eight feet below ground surface and a 1994 excavation of 750 cubic yards of petroleum-contaminated rock confirming the contamination was already well established. With PFAS confirmed in the onsite drinking water well and the full extent of contamination still undefined, the work ahead — including comprehensive site characterization, PFAS remediation, and long-term groundwater monitoring that Oregon DEQ has indicated this property requires — represents future cleanup costs that historical pre-1986 carriers who insured the operators of this facility 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.