10/9/13
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Cleveland Property Receives Covenant Not to Sue Under Ohio EPA’s Voluntary Action Program


Through the voluntary efforts of the city of Cleveland, another local brownfield has been investigated and remediated under Ohio EPA’s Voluntary Action Program (VAP) and is ready for redevelopment. Ohio EPA has issued a covenant not to sue for the 5.5-acre Trinity Redevelopment Project property located at 9203 Detroit Avenue.

Situated in the Detroit-Shoreway neighborhood, the property once housed a variety of businesses including a coal/coke storage yard, gas station, and automotive service and salvage yard. By the 2000s, the businesses were gone and the buildings were demolished. In 2010, the city took ownership of the brownfield and began participation in the VAP.

Following standards developed by Ohio EPA, the city 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 or industrial redevelopment. More than 26,000 tons of contaminated soils and concrete were removed and all remaining floor slabs and footers were demolished.

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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