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Wilmington Receives Covenant Not to Sue under Ohio EPA’s Voluntary Action Program for Textron Inc. Property
The city of Wilmington has received a covenant not to sue under Ohio EPA’s Voluntary Action Program (VAP) for the former Textron Inc. and United Brotherhood of Carpenters and Joiners of America properties located at 360 and 474 South Nelson Avenue.
Following an environmental investigation, the covenant was issued to the city for the 48.8-acre property consisting of three parcels. Two parcels contained an automotive parts manufacturing facility that operated from the 1950s until 2009. The third parcel was a body shop and garage business and later housed the Textron workers’ union.
Two parcels are owned by the city; Clinton County owns the third parcel.
Following standards developed by Ohio EPA, the city hired a certified professional to assess the property and address any areas of environmental concern. During the investigation, several areas were identified where remediation was required. Remediation involved excavating soil; removing asbestos and demolishing buildings and injecting a bioremediation chemical to address ground water contamination.
The covenant not to sue allows the property to be used for commercial and industrial land uses and prohibits use of the ground water.
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 nearly 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.