This former landfill in Multnomah County accepted waste and construction debris that remain buried approximately three feet below the surface. A 2017 site investigation confirmed volatile organic compounds exceeding human health risk screening levels in three monitoring wells, methane above the lower explosive limit in multiple soil gas probes, and benzene at 1,790 micrograms per liter in a supply well on an adjacent parcel. No remediation has been performed — the site remains at the investigation stage, funded through Oregon DEQ's Solid Waste Orphan Site Account, with no No Further Action determination 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.
Contamination at this property originated from landfill operations that predate 1986, with waste and construction debris deposited during those operating years remaining buried beneath the surface. The investigation and remediation costs this property still faces — addressing VOC-impacted groundwater, explosive methane conditions, and vapor intrusion risks across the site — represent future obligations that pre-1986 CGL carriers whose policies were in effect during the landfill's operating years 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.