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Trumbull County Property Receives Covenant Not to Sue Under Ohio EPA’s Voluntary Action Program

Through the voluntary efforts of the city of Warren, a local brownfield has been investigated and remediated under Ohio EPA’s Voluntary Action Program (VAP). The city plans to market the property for commercial or industrial redevelopment.

Ohio EPA has issued a covenant not to sue for the former Mahoningside Power Plant property located at 650 Summit Street NW.

The 5.4-acre property housed a hydropower plant from the early 1900s to the late 1970s and then was briefly used for demolition and salvage activities. When the city took ownership in 1999 and began demolishing buildings, it found soils contaminated with asbestos and PCBs. In 2000 and 2005, U.S. EPA and Ohio EPA oversaw removal of contaminated soils from the property and the adjacent Mahoning River.

Following standards developed by Ohio EPA, the city hired a certified environmental professional to further assess the site and remove any remaining contaminated soils to a level that would allow for commercial or industrial development.

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 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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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. In the past 40 years, 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. Ohio EPA….40 years and moving forward.


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