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Cuyahoga County Properties Receive Covenants Not to Sue Under Ohio EPA’s Voluntary Action Program

Through the voluntary efforts of Cleveland property owners, two more urban brownfields have been investigated and remediated under Ohio EPA’s Voluntary Action Program (VAP).

Ohio EPA has issued covenants not to sue to the city of Cleveland for the former Midland Steel property located at 10615 Madison Ave. and Dunham Square Land LLC for its Midtown Tech Park property located at 6700 Euclid Ave.

Following standards developed by Ohio EPA, the volunteers hired certified environmental professionals to assess the sites, identify any areas of concern and, if needed, remediate contamination to a level that would allow for commercial/industrial redevelopment. Remediation at the former Midland Steel site included removal of contaminated soils.

The 21-acre Madison Ave. property was first developed for industrial operations in the 1880s. For more than a century, trolleys, automobile frames, military tank hulls, gun mounts and other steel products were manufactured on-site. Industrial operations ceased in 2003. The property is currently owned by the city and is available for commercial or industrial redevelopment.

The 6-acre Euclid Ave. property was developed for commercial purposes in the early 19th century and was the site of automobile sales and service shops. Midtown Tech Park was redeveloped in 2010 and now houses high-tech start-ups and other businesses.

Covenants not to sue protect the property owners or operators and future owners from being legally responsible to the State of Ohio for further investigation and remediation. This protection applies only when the properties are used and maintained in accordance with the terms and conditions of the covenants.

In the 17 years since Ohio EPA issued the first covenant under VAP, nearly 7,000 acres of blighted land have been revitalized at more than 350 sites across the state.

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