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

Chevron Environmental Management Company has received a covenant not to sue under Ohio EPA’s Voluntary Action Program (VAP) after investigating and remediating parcel B at the Harvard-Denison Plant property.

The property at 1000 Harvard Avenue, village of Cuyahoga Heights, consists of about 4.295 acres. From 1940 to 1987, parcel B was vacant land owned by Harshaw Chemical Company and intermittently used for the deposition of construction and demolition debris. In 1987, the parcel was purchased by BGD Company (a Chevron affiliate) and is presently vacant. 

Following standards developed by Ohio EPA, Chevron hired a certified professional to assess the property and address areas of environmental concern. Five areas were designated for investigation. Chemicals of concern that were identified included volatile organic compounds (VOCs), semi-volatile organic compounds (SVOCs), metals and fluoride. The volunteer excavated and removed soil that contained chemicals of concern and proposed an environmental covenant limiting the property use to recreational, commercial or industrial use standards.

A covenant not to sue protects the property owner or operator and future owners from being legally responsible to the State of Ohio for further environmental investigation and remediation relating to known releases. The protection applies only when the property is used and maintained according to the terms and conditions of the covenant.

In the 19 years since Ohio EPA issued the first covenant not to sue under the VAP program, 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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