Farm/Agriculture cleanup site — Restorical Research
Ken Foster Farm (Former)
Washington County
Restorical Research
Preliminary Site-Specific Analysis

This property has a documented history as a farm and agricultural operation going back to 1962. Historical insurance policies issued during those prior operations and through 1986 could help fund the ongoing and future cleanup under Oregon DEQ oversight.

This former agricultural property received tannery wastes from Frontier Leather Company from at least 1962 to 1971, with Washington County estimating between 6,450 and 12,900 cubic yards of waste disposed on pastureland. Hexavalent chromium has been confirmed in domestic wells, a City of Sherwood municipal well, and wetland sediments at concentrations up to 67.6 mg/kg, with surface runoff historically discharging toward South Rock Creek. Oregon DEQ issued a Record of Decision in 2016 and has executed Consent Judgment Prospective Purchaser Agreements on multiple tax lots, but site-wide closure has not been achieved — cleanup on Tax Lots 600 and 1300 remains ongoing as of 2024. 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.

Former Use
Former Farm/Agriculture
LocationWashington County
Historical UseFarm/Agriculture
Est. Operating Since1962
Project StatusAssigned
Contamination & Investigation
Site Assessment Summary
ContaminantsHexavalent chromium in groundwater, wetland sediments, and surface water
Regulatory ProgramOregon DEQ — Cleanup Program / VCP
DEQ ECSI #2516

Why Historical Insurance Policies May Be Accessible

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 originated from industrial tannery waste disposal that took place from at least 1962 through 1971, with all operations concluding more than a decade before 1986. The ongoing remediation under Oregon DEQ oversight — including phased cleanup of remaining tax lots and long-term groundwater and sediment management — represents substantial current and future cost obligations 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.

What We Look For

  • Historical insurance policies (pre-1986)
  • Policy numbers, carrier names, and coverage periods
  • Connection between contamination timing and policy period
  • Evidence linking cleanup obligation to insured activity

What We Deliver

  • Historical Coverage Chart
  • Trigger Analysis & Property/Policy Nexus
  • Coverage strategy with recommendations
  • Insurance funding for your remediation
  • Claims Management

The Restorical Proven Process

Task 1 — Research and Analysis
Restorical searches for viable historical insurance policies, researches the site history, analyzes the contamination impacts, and underwrites potential coverage — including a proprietary trigger analysis. At the end of Task 1, we provide a clear yes or no on whether viable insurance coverage exists to fund the cleanup, along with a strategy and recommendation specific to your situation, even if you are not the policyholder.
Task 2 — Coverage and Funding
When Task 1 confirms viable coverage, Restorical works with your legal counsel to tender the claim, negotiate and secure insurance coverage. Restorical will manage the ongoing claim process, including accounting to ensure the insurance companies are funding your remediation in a timely manner.

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This analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.