PUBLIC INTEREST CENTER: (614) 644-2160
MEDIA CONTACT: Mike Settles
CITIZEN CONTACT: Kristopher Weiss
East Cleveland Property Receives Covenant Not to Sue Under Ohio EPA’s Voluntary Action Program
Through the voluntary efforts of The Electrolizing Corporation of Ohio, a 2.25-acre industrial property in East Cleveland has been investigated and remediated under Ohio EPA’s Voluntary Action Program (VAP).
Ohio EPA has issued a covenant not to sue to the company (the volunteer) for addressing environmental concerns at 1325 East 152nd Street. Issuance of the covenant completes the volunteer’s participation in the VAP.
Following standards developed by Ohio EPA, the volunteer hired a certified environmental professional to assess the property, identify any areas of concern and remediate contamination to a level that allows for continued industrial activities. In June 2011, the volunteer removed and properly disposed approximately 117 tons of contaminated soils. In addition, a clay dam and slip liner were put in place to direct ground water flow away from the sewer line.
The property has been the site of industrial operations since 1956. The company plans to continue metal plating operations at this location.
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 16 years since Ohio EPA issued the first covenant under VAP, more than 6,000 acres of blighted land have been revitalized at more than 300 sites across the state.