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Greene County Property Receives Covenant Not to Sue Under Ohio EPA’s Voluntary Action Program
Land Ready For New Wright State Program
Wright State University’s National Center for Medical Readiness will have a new home on land that formerly housed the Southwestern Portland Cement Company, later Cemex. Thanks to the voluntary efforts of the city of Fairborn (the volunteer), the 53.9-acre Calamityville Cemex Town Plant Redevelopment Project Property has been cleaned to commercial/ industrial standards and Ohio EPA has issued a covenant not to sue for the property
The industrial brownfield was investigated and remediated under Ohio EPA’s Voluntary Action Program
(VAP) and is ready for redevelopment.
Following standards developed by Ohio EPA, the city hired a certified professional to assess the property, identify any areas of environmental concern and remediate contamination to a level that would allow for commercial/industrial redevelopment. Underground storage tanks were removed, solvent-contaminated ground water was treated and asbestos in soils was removed and properly disposed.
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. 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.