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

Sustainable Community Associates has received a covenant not to sue under Ohio EPA’s Voluntary Action Program (VAP) after investigating and remediating the former Fairmont Creamery property in Cleveland.

The property, located at 1720 Wiley Avenue, consists of a 1.5-acre plot used as the Fairmont Creamery from 1930 through 1969. The facility was used as a production and distribution facility for milk, eggs and other dairy products. The lower street level and 1st floor of the building was leased by South Shore Finishers from 1985 through 2013 for a chrome and nickel plating operation. A combination of commercial and apartment units are currently being constructed by Sustainable Community Associates within a building existing on the site. Fairmont Creamery owns the property and is an affiliate of Sustainable Community Associates.

Following standards developed by Ohio EPA, Sustainable Community Associates, hired a certified professional to assess the industrial property and address any areas of environmental concern. Eight areas were designated for investigation and contaminated soils were excavated and removed from the property. Clean fill, pavement or building foundation was placed to prevent direct contact for restricted residential land use. The certified professional also developed an operation and maintenance plan for the property.

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. 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.

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