This industrial property hosted paper and wood products manufacturing from the 1950s onward, with Boise Cascade operating a paper mill at the site from 1962 until its closure in the early 1980s — preceded by sawmills, a flour mill, and a foundry. Decades of industrial activity left dioxins, metals, petroleum hydrocarbons, and PCBs across multiple media, including groundwater contamination from a former Bunker C fuel storage tank and dioxin levels in Pringle Creek and Willamette Slough sediments exceeding DEQ screening values for human health. OfficeMax signed Consent Order No. OPSR-WR-16-03 with Oregon DEQ in 2017 to investigate slough sediments, and while some parcels have received conditional No Further Action determinations requiring ongoing Contaminated Media Management Plans, the overall site remains assigned and DEQ is actively finalizing a new Prospective Purchaser Agreement for the Creek and Slough parcels. 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 decades of industrial operations — including sawmills, a foundry, and paper manufacturing — that began in the 1950s and ran continuously through the early 1980s, placing the full history of contaminating activity before 1986. With upland parcels still subject to ongoing Contaminated Media Management Plans, Oregon DEQ actively finalizing a new Prospective Purchaser Agreement for the creek and slough parcels, and further investigation and remediation of sediment contamination yet to come, the future cleanup and long-term management costs this property still faces represent a substantial obligation that historical pre-1986 carriers may be required 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.