This industrial property hosted bulk liquid and heavy haul transportation operations beginning in 1964, with tank truck rinsing practices that discharged to on-site ponds until 1975 and generated free-product petroleum and chlorinated solvent contamination in groundwater. A Certificate of Completion was issued in 2011 under a Prospective Purchaser Agreement and Consent Judgment, but Oregon DEQ reopened the site in 2019 after stormwater containing contaminants — including dioxins, pesticides, PAHs, and heavy metals — was found discharging from the property to the Columbia Slough. The property owner joined Oregon's Voluntary Cleanup Program in July 2019, and active investigation and remediation work continues, with groundwater monitoring well decommissioning and a closeout report still outstanding. 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 contamination at this property originated from industrial transportation operations beginning in 1964, with tank truck rinsing practices discharging to on-site ponds until 1975 and generating petroleum and chlorinated solvent contamination in groundwater — all well before 1986. The active investigation and remediation under Oregon DEQ's Voluntary Cleanup Program, the unresolved stormwater discharge to the Columbia Slough, and the outstanding groundwater monitoring well decommissioning and closeout report represent ongoing and future costs that pre-1986 CGL carriers whose policies were in effect during those operational years 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.