Industrial & Manufacturing cleanup site — Restorical Research
PSE Clay Creek Substation PCB Mineral Oil
Enumclaw, King County
Restorical Research
Preliminary Site-Specific Analysis

This property has a documented history as a industrial and manufacturing facility predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.

This property is a Puget Sound Energy electrical substation where a pad-mounted transformer leaked PCB-containing mineral oil through a rust hole over an extended period of time. Cleanup in November 2008 included removal of the damaged transformer, excavation of approximately 25 cubic yards of mineral oil-impacted soil, and recovery of an estimated 2,000 gallons of impacted groundwater, all transported off-site for disposal and treatment. Fourteen soil samples were collected and site restoration was completed; approximately 1.5 cubic yards of contaminated soil remain in place due to inaccessibility, with future removal recommended. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.

Former Use
Former Industrial & Manufacturing
AddressEnumclaw, King County
Historical UseIndustrial & Manufacturing
Est. Operating SincePre-1986
StatusCleanup Started
Contamination & Investigation
Site Assessment Summary
ContaminantsPCB-containing mineral oil detected in soil and groundwater
Media ImpactedSoil, Groundwater
Regulatory ProgramMTCA — Standard Cleanup
Ecology Site #12568

Why Historical Insurance Policies May Be Accessible

Pre-1986 Commercial General Liability (CGL) policies were occurrence-based and did not contain an effective pollution exclusion in Washington. 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.

PCBs were banned from manufacture in the United States in 1979, placing this transformer's operational origin well before that date — and squarely within the era when occurrence-based CGL policies had no effective pollution exclusion. The contamination mechanism here — a slow, long-duration release through a corroding transformer casing — is precisely the type of continuous pollution event that pre-1986 carriers remain obligated to address. With approximately 1.5 cubic yards of impacted soil still on site and additional removal work pending, historical policies in effect during the transformer's pre-1979 service life may fund both recovery of past cleanup expenditures and the remediation work that remains.

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.

What We Look For

  • Historical insurance policies (pre-1986)
  • Policy numbers, carrier names, and coverage periods
  • Connection between contamination timing and policy period
  • Evidence linking cleanup obligation to insured activity

What We Deliver

  • Historical Coverage Chart
  • Trigger Analysis & Property/Policy Nexus
  • Coverage strategy with recommendations
  • Insurance funding for your remediation
  • Claims Management & Forensic Accounting

The Restorical Proven Process

Task 1 — Research and Analysis
Restorical searches for viable historical insurance policies, researches the site history, analyzes the contamination impacts, and underwrites potential coverage — including a proprietary trigger analysis. At the end of Task 1, we provide a clear yes or no on whether a successful cost recovery is possible, along with a strategy and recommendation specific to your situation, even if you are not the policyholder.
Task 2 — Coverage and Funding
When Task 1 confirms viable coverage, Restorical works with your legal counsel to tender the claim, negotiate and secure insurance coverage. Restorical will manage the ongoing claim process, including accounting to ensure the insurance companies are funding your remediation in a timely manner.

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This analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.