A gasoline release from underground storage tanks at this Polk County facility was reported to Oregon DEQ in August 1998, with contamination confirmed in both soil and groundwater. The responsible party is under agreement or order with Oregon DEQ, yet the site remains unassigned with no No Further Action determination issued. Investigation and remediation obligations remain outstanding, and the site continues to carry an open status in the DEQ system with recent agency activity as of May 2026. 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 tank operations at this property are consistent with infrastructure commonly installed well before 1986, placing the origin of the petroleum contamination confirmed in soil and groundwater within that pre-1986 window. The investigation, delineation, and remediation costs this property still faces — driven by an unresolved enforcement obligation with Oregon DEQ and no No Further Action determination — are precisely the type of future cleanup 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.
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.