08/20/13
PUBLIC INTEREST CENTER: (614) 644-2160
MEDIA CONTACT: Heather Lauer

CITIZEN CONTACT: Darla Peelle

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


A former foundry site, active from 1897 until 1981, has been investigated and cleaned to commercial or industrial standards thanks to the voluntary efforts of the city of Dayton. The nearly 8-acre NIBCO property, located at 1800 McCall St., is now ready for redevelopment.

The industrial brownfield was investigated and remediated under Ohio EPA’s Voluntary Action Program (VAP).

Following rules developed by Ohio EPA, the city hired a certified professional to assess the property, identify any areas of environmental concern and remediate contamination. The investigation identified 13 areas that required further attention. Those areas included stained soils; creosote-treated floors; suspected underground storage tanks; spent foundry sand and chemicals that included semi-volatile and volatile organics; polyaromatic hydrocarbons; PCBs; regulated metals and petroleum products.

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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