This former gas station property in Washington County housed multiple large underground storage tanks ranging from 3,000 to 10,000 gallons, with infrastructure scale and operational history consistent with pre-1986 installation. UST decommissioning was completed in November 2025, but significant petroleum contamination near a former 3,000-gallon tank could not be fully excavated, and soil gas investigations in 2019 and 2025 documented exceedances of both residential and occupational worker risk-based concentrations — confirming a vapor intrusion pathway that now requires engineered mitigation. A Prospective Purchaser Agreement between Oregon DEQ and the City of Cornelius took effect in January 2025, requiring vapor intrusion risk assessment, contamination removal or capping, preparation of a Contamination Media Management Plan, and a Soil Cap Management Plan. An Easement and Equitable Servitude has been recorded on the property deed prohibiting construction of occupied buildings without DEQ-approved vapor mitigation controls. 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 petroleum contamination at this property originated from underground storage tanks ranging from 3,000 to 10,000 gallons that were installed and operated for decades before 1986, with soil gas investigations in 2019 and 2025 confirming vapor intrusion exceedances that now require engineered mitigation. The work ahead under the January 2025 Prospective Purchaser Agreement with Oregon DEQ includes vapor intrusion risk assessment and mitigation, contamination removal or capping, preparation of contaminated media and soil cap management plans, and compliance with a recorded deed restriction on future construction — costs this property still faces going forward that pre-1986 carriers whose policies were in effect when these tanks were operating 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.
Stay up to date on environmental property cleanup laws and changes.
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.