This property operated as a sand and gravel mine and inert solid waste recycling facility from the 1950s through 2006 under Port of Tacoma ownership. An Agreed Order (DE 8400) between Ecology and the Port of Tacoma was executed in 2011 to address petroleum and metals contamination in groundwater, following a Phase I/II Environmental Site Assessment completed by GeoEngineers, Inc. in 2005. Cleanup included removal of an abandoned underground storage tank; groundwater sampling confirmed petroleum hydrocarbons, polycyclic aromatic hydrocarbons, and metals — arsenic, lead, copper, mercury, and zinc — at concentrations above cleanup levels. The site received a letter of satisfaction from Ecology in June 2014, confirming No Further Action status. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
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.
The facility at 1621 Marine View Drive operated continuously from the 1950s — more than three decades before 1986, when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion. The petroleum hydrocarbons, PAHs, and heavy metals found in groundwater here trace to decades of mining, waste recycling, and underground storage tank operations conducted during that pre-1986 window. Historical carriers who issued CGL policies covering the Port of Tacoma's operations from the 1950s through the mid-1980s may still be obligated to recover the remediation costs incurred under the Agreed Order.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
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.