Former NCR Property Cleaned Up Under Ohio EPA’s Voluntary Action Program

Two development companies associated with the University of Dayton have received a covenant not to sue under Ohio EPA’s Voluntary Action Program (VAP) for a University of Dayton West Campus property located at the southwest corner of Stewart and Main streets in Dayton.

Following an environmental investigation and remedial measures, Ohio EPA issued the covenant to East Aqua Development, LLC and River Park Development II, LLC for the 11.3- acre property. The covenant not to sue allows the property to be developed for commercial and industrial land uses.

The developers plan to partner with Emerson Climate Technologies and University of Dayton to build and support an innovation center to advance research and education for the global heating, ventilation, air conditioning and refrigeration industry on the property.

Historically, the property was used for a variety of manufacturing activities from 1897 to the late 1970s by the NCR Corp.

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, several areas were identified where chemicals in the soil exceeded standards. The soil was excavated and removed from the site.

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.