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Cleveland Midtown District Property Receives Covenant Not to Sue Under Ohio EPA’s Voluntary Action Program

Through the voluntary efforts of a Cleveland property owner and developer, a brownfield in the Midtown District has been investigated and remediated under Ohio EPA’s Voluntary Action Program (VAP), and is attracting new business.

Ohio EPA has issued a covenant not to sue to 7000 Euclid LLC and Hemingway Development LLC (the volunteers) for a 2.16-acre property at 6900-7000 Euclid Avenue. The site is located along Cleveland’s Health-Tech Corridor between downtown and University Circle, an area that has seen more than $4 billion in investment and redevelopment.

Following standards developed by Ohio EPA, the volunteers hired a certified professional to assess the site, identify any areas of environmental concern and remediate contamination to a level that would allow for commercial/industrial reuse. Remediation included the removal of contaminated soils.

Historical uses of the property included automotive sales and service, rubber fabrication, restaurant supply and warehousing. Now, the remediated property is home to a medical clinic and is available for other high-tech businesses.

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.

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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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