This 4.1-acre industrial property housed a tire recapping facility constructed by 1967 that operated for approximately 50 years, with stormwater and interior floor drains discharging directly to the Columbia Slough. Golden Bear Ventures, LLC entered a Prospective Purchaser Agreement with Oregon DEQ under Consent Order CO 23-02 in June 2023, establishing cleanup obligations tied to the property's industrial legacy. The scope of work ahead includes source control evaluation, implementation of source control measures, and sediment investigation in the Columbia Slough — none of which has been completed. 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 property originates from a tire recapping operation that began by 1967 and discharged industrial waste to the Columbia Slough for decades before 1986. The source control evaluation, implementation of source control measures, and sediment investigation in the Columbia Slough directed under Consent Order CO 23-02 represent substantial future costs this property still faces and 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.