Industrial & Manufacturing cleanup site — Restorical Research
Puget Power Upper Baker Dam
Concrete, Skagit County
Restorical Research
Preliminary Site-Specific Analysis

This property has a documented history as a industrial and manufacturing facility going back to 1957. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.

The Upper Baker River Generating Plant, owned by Puget Sound Power & Light Company, operated as a hydroelectric facility in Concrete, Skagit County, with fuel dispensing and used oil storage serving as ancillary functions supporting its power generation operations. Underground storage tanks at the site were installed beginning in 1957, with additional tanks added in 1968 and 1978, including at least one leaded gasoline tank. Remediation has included removal of multiple USTs, excavation and stockpiling of approximately 30 cubic yards of contaminated soil, demolition of the on-site fuel house, soil processing and screening, and proper disposal of 80 gallons of purge and decontamination water; groundwater monitoring programs ran from 1992 through 1994 and are recommended to continue on an annual basis. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.

Former Use
Former Industrial & Manufacturing
AddressConcrete, Skagit County
Historical UseIndustrial & Manufacturing
Est. Operating Since1957
StatusCleanup Started
Contamination & Investigation
Site Assessment Summary
ContaminantsPetroleum hydrocarbons from leaking USTs (including leaded gasoline) and used oil detected in soil and groundwater
Media ImpactedSoil, Groundwater
Regulatory ProgramMTCA — Standard Cleanup
Ecology Site #10640

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.

Contamination at this property traces to underground storage tanks first installed in 1957 and operated by Puget Sound Power & Light Company for nearly three decades before 1986 — the year occurrence-based CGL policies ceased to provide reliable pollution coverage. The presence of leaded gasoline tanks and long-term used oil storage reflects the kind of slow, continuous release those pre-1986 policies were written to address. The documented remediation costs — UST removals, soil excavation, fuel house demolition, and ongoing groundwater monitoring — represent expenditures that historical carriers who issued CGL policies to the operator during that pre-1986 window may be obligated both to recover and to fund going forward.

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.