This 45-acre former sawmill began operations in the 1940s and ran continuously until closing in 1986. A 1998 Oregon DEQ Brownfield Assessment confirmed floating petroleum product in shallow groundwater near a cluster of abandoned underground storage tanks, along with metals concentrations above local background levels in soil and groundwater. While a limited No Further Action determination was issued in 2000 for the USTs themselves, Oregon DEQ recommended further investigation and remediation of metals contamination, characterization of hazardous substances in on-site containers, removal of solid wastes, and protective measures for nearby Spout Creek — none of which has been completed, and no overall site NFA 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 contamination at this property — petroleum from underground storage tanks and elevated metals from decades of sawmill operations — traces to mill operations that began in the 1940s and ran continuously until the facility closed in 1986. The metals investigation and remediation, hazardous-substance characterization, solid-waste removal, and protective measures for nearby Spout Creek that Oregon DEQ has recommended but that remain unaddressed are 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.
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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.