This former municipal landfill was operated by Deschutes County from 1975 to 1992, accepting solid waste for nearly two decades. Oregon DEQ sampling of groundwater monitoring wells in 1992–1993 confirmed the presence of volatile organic compounds, including chlorinated solvents and trichloromonofluoromethane. No No Further Action determination has been issued, the site remains on Oregon's Confirmed Release List, and an Easement and Equitable Servitude recorded in 2003 restricts excavation, water well installation, and land use changes — confirming that contamination beneath the property remains unresolved. 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.
Disposal operations at this landfill began in 1975 and continued for nearly two decades, placing the origin of groundwater contamination more than a decade before 1986. The investigation and remediation work that lies ahead — including further delineation of VOC impacts and ongoing compliance with Oregon DEQ's site restrictions — represents future costs this property still faces, costs that historical pre-1986 carriers 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.
Stay up to date on environmental property cleanup laws and changes.
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.