This property served as a municipal landfill operated by the City of Ontario for household waste disposal, with buried waste confirmed from 1 to 7.5 feet below ground surface and artifacts dating to the 1950s recovered during trenching. A Phase II Environmental Site Assessment completed in November 2025 documented arsenic concentrations in groundwater across all four monitoring wells at levels ranging from 500 to more than 3,000 times the residential tapwater risk-based concentration, along with elevated chromium, lead in soil exceeding residential direct-contact screening levels, and volatile organic compounds in soil vapor. Oregon DEQ is actively reviewing the investigation findings and has recommended additional soil sampling as the City pursues redevelopment of the property as a sports and recreation complex. 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 former landfill originated from municipal waste disposal operations that were underway by at least the 1950s — decades before 1986. With Oregon DEQ actively reviewing investigation findings, additional soil sampling recommended, and arsenic in groundwater at levels hundreds to thousands of times above residential screening thresholds, the substantial costs this property still faces for further investigation, remediation, long-term monitoring, and regulatory compliance represent ongoing and 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.
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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.