This public school district property experienced a leaking underground storage tank release discovered in July 1995 during tank decommissioning, with the UST likely installed in the 1970s to fuel the district's bus fleet. Petroleum contamination has been confirmed in both soil and groundwater, with the aquifer less than twenty feet below the surface and vapor intrusion flagged as a possible concern. Oregon DEQ issued active technical direction in February 2024 and held a consultant meeting in March 2024 to advance remediation planning, including proposed petrofix treatment at two impacted locations, quarterly groundwater monitoring, development of a Contaminated Media Management Plan, and Environmental Easements for affected residential parcels. No No Further Action determination has been issued, and the site remains under active DEQ oversight as an assigned cleanup project. 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 at this school district property was installed in the 1970s to fuel the district's bus fleet, operating for more than a decade before 1986 and continuing through its 1995 decommissioning, when the petroleum release contaminating soil and groundwater was discovered. The multi-track remediation program now advancing under Oregon DEQ direction — including petrofix treatment at impacted locations, quarterly groundwater monitoring, development of a Contaminated Media Management Plan, and Environmental Easements for affected residential parcels — represents substantial ongoing and future 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.
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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.