Circle S Market in Polk County operated as a gas station with underground storage tanks that were decommissioned in October 2024, at which time petroleum contamination was discovered. Diesel, unleaded gasoline, BTEX compounds, naphthalene, and arsenic have been confirmed in both soil and groundwater, with the aquifer located less than 20 feet below the surface and vapor intrusion identified as a possible concern. The site is under agreement with Oregon DEQ and subject to risk-based corrective action, but remains in early stages with no remediation completed and no No Further Action determination 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 released from underground storage tanks at this property traces to gas station operations that were underway before 1986 and continued until the tanks were decommissioned in October 2024, with diesel, unleaded gasoline, BTEX compounds, naphthalene, and arsenic confirmed in both soil and groundwater less than twenty feet below the surface. The investigation, remediation, and monitoring costs this property still faces — including groundwater delineation, vapor intrusion assessment, and risk-based corrective action under Oregon DEQ oversight — represent future obligations 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.
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.