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Cleveland Manufacturer Receives Covenant Not to Sue Under Ohio EPA’s Voluntary Action Program
Honeywell International Inc. has received a covenant not to sue under Ohio EPA’s Voluntary Action Program (VAP) after investigating and remediating a downtown brownfield on Carnegie Avenue in Cleveland. The property has been remedied under Ohio EPA VAP requirements for commercial or industrial use.
The covenant covers the former Honeywell Signal Systems property, a 1.24-acre property located at 6615, 6705, and 6709 Carnegie Avenue in Cleveland. Historic use of the property included manufacturing and an automotive repair facility. The buildings were demolished in June 2005. For two years, the property has been used as a commercial parking lot for Midtown Technical Center and is owned by Dunham Square Land.
Following standards developed by Ohio EPA, Honeywell hired a certified professional to assess the industrial property and address any areas of environmental concern.
A covenant not to sue protects the property’s owners or operators and future owners from being legally responsible to the State of Ohio for further environmental investigation and remediation relating to known releases. 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. Since then, 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.