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Cleveland Property Receives Covenant Not to Sue Under Ohio EPA’s Voluntary Action Program
Through the voluntary efforts of a Cleveland property owner, another local brownfield has been investigated under Ohio EPA’s Voluntary Action Program (VAP) and is ready for redevelopment.
Ohio EPA has issued a covenant not to sue to Emerald Alliance VII LP for a 0.55-acre property located at 9431 Lorain Avenue. For nearly a century, the property housed several commercial businesses including a furniture store and funeral home, freight sales company and warehouse. Now vacant, the property’s building is targeted for residential redevelopment.
Following standards developed by Ohio EPA, the city hired a certified professional to assess the property, identify any areas of environmental concern and, if needed, clean it up to a level that would allow for the residential redevelopment.
A covenant not to sue protects the property’s owner or operator and future owners from being legally responsible to the State of Ohio for further investigation and remediation. This protection applies only when the property is used and maintained in accordance with the terms and conditions of the covenant.
In the 18 years since Ohio EPA issued the first covenant under VAP, more than 8,000 acres of blighted land have been revitalized at nearly 400 sites across the state.
The Ohio Environmental Protection Agency was created in 1972 to consolidate efforts to protect and improve air quality, water quality and waste management in Ohio. Since then, air pollutants dropped by as much as 90 percent; large rivers meeting standards improved from 21 percent to 89 percent; and hundreds of polluting, open dumps were replaced with engineered landfills and an increased emphasis on waste reduction and recycling.