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Cincinnati Receives Covenant Not to Sue under Ohio EPA’s Voluntary Action Program for Blue Ash Property
The 42.8-acre site that was the Blue Ash airport and a shooting range has received a covenant not to sue under Ohio EPA’s Voluntary Action Program (VAP).
Following an environmental investigation, the covenant was issued to the city of Cincinnati’s Department of Transportation and Engineering for the property located at 4273 Glendale-Milford Road, Blue Ash. The site was agricultural until the municipal airport was built in the 1930s. A shooting range occupied a portion of the property in the 1940s and 1950s. The city intends to build a park and performing arts center on the property. The property continues to be owned by the city of Blue Ash.
Following standards developed by Ohio EPA, Cincinnati hired a certified professional to assess the property and address any areas of environmental concern. Two areas of concern were identified during the investigation. Contaminated soil in those areas was removed from the site. The property is limited to recreational, commercial and industrial uses.
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.