This 20-acre industrial property operated as a paint and metal coatings plant from 1955 to 1967, followed by sand reprocessing for abrasive blasting from approximately 1985 to 2001, leaving metals-laden sandblast grit fill and elevated lead and zinc in soil. Arsenic, chromium, and lead have been confirmed in groundwater, and contaminated stormwater and sediment have impacted the adjacent Columbia Slough. Oregon DEQ issued a Record of Decision in 2010 requiring an engineered cap over the landfill containing sandblast grit, erosional controls on the Columbia Slough bank, and stormwater system upgrades — but implementation stalled through multiple ownership changes and a prior consent order marked by significant delays. A current Prospective Purchaser Agreement with LB Stone Properties, effective January 2020, now governs cleanup implementation in conjunction with site redevelopment. 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.
Contamination at this property originated from paint and metal coatings manufacturing operations beginning in 1955 and sand reprocessing activities starting around 1985, rooting the site's contamination in operations that predate 1986. The ROD-required remediation work ahead — engineering and constructing the landfill cap, installing erosional controls along the Columbia Slough, and upgrading the stormwater system — represents a substantial ongoing and future cost obligation 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.