This gas station property operated as an ARCO SERVICE and Space Age Fuel location with underground storage tanks that were decommissioned in 1992, when petroleum releases were discovered — contamination that subsequent investigation has confirmed in groundwater, soil vapor, and as free product. Oregon DEQ holds a Cost Recovery Agreement dating to 1994 and classifies the site under Risk-based Corrective Action, with long-term monitoring ongoing and an updated ecological evaluation still required. No No Further Action determination has been issued, and the site remains an assigned cleanup project under active DEQ oversight as of March 2025. 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 underground storage tanks at this property were in service well before 1986, with petroleum releases discovered upon their decommissioning in 1992 and contamination since confirmed in groundwater, soil vapor, and as free product. The long-term monitoring, updated ecological evaluation, and further remediation still required under Oregon DEQ's existing Cost Recovery Agreement represent substantial ongoing and future cleanup costs 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.
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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.