This stormwater pond in Multnomah County received PCB contamination from the adjacent BPA St. Johns Substation, which was constructed in 1939–1940 and used PCB-containing transformer oil for decades. PCBs were detected in 15 of 16 sediment samples at concentrations up to 1,745 ppb, and a drinking water well at the substation was decommissioned in 1997 after chlorinated solvents were found in groundwater. Oregon DEQ issued a Presumptive Remedy Proposal in January 2026 calling for activated carbon treatment of the contaminated sediment, but the project remains in the remedial design phase with no cleanup work yet underway. 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 PCB contamination at this site traces to electrical substation operations that began in 1939, nearly five decades before the 1986 transition in standard Commercial General Liability policy language. The remedial design, activated carbon treatment of contaminated sediment, and long-term monitoring costs this property still faces — as detailed in Oregon DEQ's January 2026 Presumptive Remedy Proposal — are 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.