This ODOT maintenance yard, situated at the I-5 and Columbia Boulevard interchange in Multnomah County, has discharged stormwater containing metals — copper, lead, nickel, and zinc — through an ODOT-owned outfall pipe into the Columbia Slough, contaminating surface water and sediments over an extended period. Oregon DEQ has the site under active oversight with ODOT operating under agreement or order, and as of 2021 the agency was conducting a detailed investigation into stormwater facilities and implementing maintenance yard improvements. Source control evaluation and investigation remain ongoing, and no No Further Action determination has been issued. 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 metals contamination discharged into the Columbia Slough traces to long-term maintenance yard operations established alongside I-5 construction in the 1960s — well before 1986. The ongoing source control evaluation, stormwater facility investigation, maintenance yard improvements, and remediation work ahead under Oregon DEQ direction represent substantial current and future cost obligations that historical pre-1986 carriers 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.