CITIZEN CONTACT: Kristopher Weiss

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

Through the voluntary efforts of a Cleveland property owner, another city brownfield has been investigated and remediated under Ohio EPA’s Voluntary Action Program (VAP) and is undergoing redevelopment.

Ohio EPA has issued a covenant not to sue to Shoreway Logistics LLC for its 14-acre property located at 842 East 79th Street. The property, along with an adjacent property that was previously remediated, was once home to White Motors Company, an industrial facility that produced automobiles. Now, with all remediation complete, both properties are being redeveloped into a commercial facility.

Following standards developed by Ohio EPA, the company hired a certified environmental professional to assess the site, identify any areas of concern and, if needed, remediate contamination to a level that would allow for commercial/industrial redevelopment.

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 17 years since Ohio EPA issued the first covenant under VAP, nearly 7,000 acres of blighted land have been revitalized at more than 350 sites across the state.


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