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Another UD-Area Property Meets Ohio EPA’s Voluntary Action Program Requirements

Through the voluntary efforts of MVO Building Solutions III, another urban brownfield has been investigated and remediated under Ohio EPA’s Voluntary Action Program (VAP).

Ohio EPA has issued a covenant not to sue to MVO Buildings Solutions III for the former Frank Z Auto Sales. The property is located adjacent to the University of Dayton and Brown Street area which is undergoing extensive re-development.  The university intends to use the property as a parking lot for new student housing built at the Caldwell Street Redevelopment Dayton Property.

Following standards developed by Ohio EPA, the volunteers hired certified environmental professionals to assess the site, identify any areas of concern and, if needed, remediate contamination to a level that would allow for unrestricted/residential redevelopment.

The 1.070 acres had previously been used as a filling station from 1940 to 1966, Ray Bryant Truck Sales from 1966-1971 and Frank Z Auto Sales from 1972 through 2009.  Property remediation included removing five underground storage tanks and off-site disposal of soil that contained chemical concentrations exceeding levels acceptable for reuse.

Covenants not to sue protect the property owners and/or operators and future owners from being legally responsible to the State of Ohio for further investigation and remediation when used and maintained in accordance with the terms and conditions of the covenant.

n the 17 years since Ohio EPA issued the first covenant under VAP, nearly 7,000 acres of blighted land have been revitalized at more than 350 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. 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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