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Huron Receives Covenant Not to Sue under Ohio EPA’s Voluntary Action Program for ConAgra Property
The city of Huron has received a covenant not to sue under Ohio EPA’s Voluntary Action Program (VAP) for the former ConAgra property at 41 East Cleveland Road.
Following an environmental investigation, the covenant was issued to the city for the 10.7-acre property that has a long industrial history. The current redevelopment plan is for mixed commercial and residential use with public access green space.
Following standards developed by Ohio EPA, the city hired a certified professional to assess the property and address any areas of environmental concern. During the investigation, several areas were identified where remediation was required. Remediation involved excavating soil, removing asbestos and demolishing buildings. The city also will maintain a four-foot clean soil cap over the entire property.
The covenant not to sue allows the property to be used for restricted residential, commercial or industrial land uses and restricts use of the ground water under the property.
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.