This former dry-cleaning facility operated in Ontario from approximately 1950 to 2000, using petroleum-based solvents for its first two decades before switching to tetrachloroethylene (PCE) around 1970. Groundwater sampling has confirmed PCE concentrations as high as 574 µg/L — nearly 900 times the tap water preliminary remediation goal — along with trichloroethylene (TCE) and naphthalene, with the contamination plume extending north to Ontario Middle School irrigation wells where PCE was detected at 27 µg/L. Indoor air sampling also found PCE above Oregon DEQ's risk-based concentration for occupational exposure. A 2005 Focused Remedial Investigation recommended additional investigation, but no further fieldwork or remediation has been documented and the site remains listed on the Confirmed Release List with an Unassigned project status. 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.
Dry-cleaning operations at this property began around 1950 — initially using petroleum-based solvents before switching to tetrachloroethylene around 1970 — and continued for decades, placing the entire history of solvent use and resulting contamination well before 1986. With no cleanup action completed, no No Further Action determination issued by Oregon DEQ, and a groundwater plume extending to a nearby school's irrigation wells, the further investigation, remediation, and long-term monitoring costs this property still faces are precisely the type of 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.