Sandusky Property Cleaned Up under Ohio EPA’s Voluntary Action Program

The City of Sandusky and a development company have received a covenant not to sue under Ohio EPA’s Voluntary Action Program (VAP) for the former Apex Manufacturing facility located at 1643 First Street, Sandusky.

Following an environmental investigation and remedial measures on the property, which consists of approximately 13.75 acres, Ohio EPA has issued the covenant to Famous Realty of Cleveland Inc., and the city. The property is owned by Famous Realty of Cleveland.

The covenant not to sue allows the property to be redeveloped for commercial or industrial land uses.

The property was first developed in 1919 and was used by a car company, tire manufacturer and an asphalt and rubber company through the 1930s. Apex Electrical Manufacturing Co. occupied the property from 1937 until 1957. It became Vermillion Foam Products, a Styrofoam manufacturer, from 1967-1968 and primarily has been used as a warehouse since 1968.

Following standards developed by Ohio EPA, a certified professional was hired by the volunteers to assess the property and address any areas of environmental concern. During the investigation, areas were identified where remediation was needed. A 20,000-gallon heating oil underground storage tank and a 1,500-gallon steel storage tank were removed. Soil was excavated and removed from two small areas. Also, before demolition, asbestos-containing material was removed from the buildings.

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 20 years since Ohio EPA issued the first covenant under VAP, more than 9,200 acres of blighted land have been revitalized at nearly 500 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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