This industrial property operated as a septic waste and portable toilet storage and rental facility from 1953 to 1984, with Oregon DEQ first learning of waste rinsing practices at the site in 1982. Approximately 1,000 cubic yards of contaminated soil were removed in 1984, but subsequent soil gas sampling has detected tetrachloroethylene (PCE) and trichloroethylene (TCE) at concentrations exceeding risk-based levels for vapor intrusion, with contamination extending off-site to neighboring properties south of Pine Street. The site was split from ECSI #158 and listed on the Confirmed Release List in 2007, yet investigation of this portion remains incomplete — several areas of known contamination are poorly defined in extent, and the property owner has been unwilling to restart investigation work. 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 septic waste handling operations that ran continuously from 1953 to 1984, placing more than three decades of contaminating activity entirely before 1986. The incomplete investigation, the poorly delineated contamination extending off-site south of Pine Street, and the vapor intrusion risks posed by chlorinated solvents such as PCE and TCE all point to substantial investigation and remediation costs that still lie ahead — cleanup work that carriers under pre-1986 CGL policies issued to operators of this facility 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.