This auto parts and service property in Linn County is a leaking underground storage tank (LUST) site where a petroleum release was discovered in February 1999, with cleanup initiated that May under Oregon DEQ's Risk-Based Corrective Action program. Petroleum hydrocarbons — including diesel, waste oil, gasoline, and MTBE — have been confirmed on-site, with free product (non-aqueous phase liquid) present and vapor intrusion concerns identified. Oregon DEQ issued a Cost Recovery Agreement in March 2023 establishing an active financial obligation, the site remains under assigned DEQ oversight with project manager engagement, 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.
The petroleum contamination at this property stems from long-term underground storage tank operations at an auto service facility — the type of use that commonly involved UST installations decades before 1986. The ongoing corrective action, free product recovery, vapor intrusion mitigation, and long-term monitoring directed under Oregon DEQ's Cost Recovery Agreement represent substantial current and future costs this property still faces 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.
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.