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Cleveland Property Receives Covenant Not to Sue Under Ohio EPA’s Voluntary Action Program
Thermagon Inc. has received a covenant not to sue under Ohio EPA’s Voluntary Action Program (VAP) after investigating and remediating its Detroit Avenue property currently occupied by Laird Technologies in Cleveland.
The property consists of .96 acres originally developed in the late 1800s, previously used as a sheet metal company, a dry cleaning facility, a welding supply company and multiple residences and stores. The current tenant, Laird Technologies, manufactures components for electronic equipment.
Following standards developed by Ohio EPA, Thermagon hired a certified professional to assess the industrial property and address any areas of environmental concern. Five areas were designated for investigation. The property has been limited under Ohio EPA VAP requirements to commercial or industrial use.
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 19 years since Ohio EPA issued the first covenant under VAP, more than 8,800 acres of blighted land have been revitalized at about 450 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.