This 90-acre disposal facility has operated as a landfill since at least 1973, with Oregon DEQ's Solid Waste program identifying off-site groundwater impacts by December 1994. Chlorinated solvents, manganese, and nickel have been confirmed as primary contaminants in the Willamette Silt groundwater unit, with surface water impacts also documented. Oregon DEQ issued a Record of Decision in March 1999 directing long-term remediation — including groundwater treatment, soil venting, a barrier wall, and an engineered cap — and a 2004 ROD Amendment established revised trigger values for drinking water protection in the Troutdale Formation aquifer. The site remains under active DEQ oversight with ongoing monitoring and treatment obligations on the responsible party. 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.
Contamination at this facility originated from landfill disposal operations that began in 1973, more than a decade before 1986. The groundwater treatment, soil venting, long-term monitoring, and ongoing compliance obligations directed by Oregon DEQ's Record of Decision represent substantial costs that pre-1986 CGL 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.