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Cincinnati Receives Covenant Not to Sue under Ohio EPA’s Voluntary Action Program for Calmego West Property

The city of Cincinnati has received a covenant not to sue under Ohio EPA’s Voluntary Action Program (VAP) for the former Calmego West Expansion Project property located at Poplar and Oliver streets.

Following an environmental investigation, the covenant was issued to the city for the 0.369-acre property, which is owned by Providence Street Associates, LLC. The property is currently the site of a truck staging area supporting the adjacent Samuel Adams Brewery Co.

There are no buildings on the property, although historically, it has been the site of a brass and metal foundry.

Following standards developed by Ohio EPA, a certified professional was hired to assess the property and address any areas of environmental concern. During the investigation, a few areas were identified where remediation was required. Remediation involved excavating some soil. Additionally, asbestos and lead dust was removed from a former building and the building was demolished and removed.

The covenant not to sue allows the property to be used for commercial and industrial land 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 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.

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