CITIZEN CONTACT: Kristopher Weiss

Cuyahoga County Property Receives Covenant Not to Sue Under Ohio EPA's Voluntary Action Program

Through the voluntary efforts of a Cleveland property owner, another area brownfield has been investigated and remediated under Ohio EPA's Voluntary Action Program (VAP), and is ready for redevelopment.

Ohio EPA has issued a covenant not to sue to FBE Inc. for property located at 3559 and 3570 East 71st Street and 3540 East 72nd Street. Known as the Morgana East property, the western portion of the site once housed the Superior Foundry. The eastern portion was home to the Cleveland Metal Bed Company. The entire 5.1-acre site is now part of the Third Federal Expansion Area and is slated for redevelopment as a residential neighborhood.

Following standards developed by Ohio EPA, FBE hired a certified professional to assess the site, identify any areas of environmental concern and remediate contamination to a level that would allow for restricted residential reuse. Contaminated soils were removed from the property and replaced with clean fill.

A covenant not to sue protects the property's owner or operator and future owners from being legally responsible to the State of Ohio for further investigation and remediation. 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. 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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