This west Eugene area site encompasses widespread groundwater contamination from industrial sources, with PCBs, chlorinated hydrocarbons, petroleum hydrocarbons, metals, and formaldehyde confirmed in domestic wells and surface water — including Amazon Creek and the A-3 channel. Oregon DEQ declared the site an Orphan project in September 1998 after no responsible party could be identified, and Push Probe groundwater sampling was conducted in February 1999 to delineate the contamination affecting residential drinking water supplies. No No Further Action determination has been issued, no remediation has been completed, and DEQ has noted that additional investigations will be conducted as staffing and funding allow. 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 industrial operations that produced this site's contaminant profile — PCBs, chlorinated hydrocarbons, petroleum hydrocarbons, metals, and formaldehyde confirmed in domestic wells, Amazon Creek, and the A-3 channel — are consistent with activity predating 1986. The additional investigation, delineation, and remediation work this property still requires to address widespread groundwater contamination and impacted surface water represents substantial future costs that pre-1986 carriers for operators whose industrial activities contributed to this contamination 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.