Dayton Property Receives Environmental Covenant Under Ohio EPA’s Voluntary Action Program

Home Avenue Redevelopment LLC and the city of Dayton have received a covenant not to sue under Ohio EPA’s Voluntary Action Program (VAP) after investigating and remediating the historic property where the Wright Brothers manufactured airplanes. Most recently, the property was used by General Motors and Delphi for manufacturing.

The 54-acre property is located at 2701 Home Ave., Dayton. From 1910-1919, portions of the property located to the east of Abbey Avenue were used by the Wright Company to manufacture airplanes and airplane components. With the remediation completed, the U.S. National Park Service plans to purchase the property, including buildings formerly used by the Wrights, and incorporate it into the existing Dayton Aviation Heritage National Historical Park.

General Motors and Delphi manufactured automotive and airplane components and other products at the location from 1919 until 2008. The city of Dayton received a $3 million Clean Ohio Revitalization Fund grant for the site in 2012, the same year Home Avenue Redevelopment purchased the property.

Following standards developed by Ohio EPA, the volunteers hired a certified environmental professional to assess the property and address areas of environmental concern. Remedial activities included excavating and disposing of contaminated soil, removing asbestos from buildings before they were demolished and engineering controls including maintenance of sub-slab depressurization systems to mitigate soil vapors in off-site residences.

With these controls in place, the property meets VAP requirements to be used for commercial or industrial uses. The environmental covenant prohibits extraction or use of ground water under the site and prohibits occupancy of any building on the site unless action is taken to address potential indoor vapor intrusion.

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 22 years since Ohio EPA issued the first covenant not to sue under the VAP program, more than 12,300 acres of blighted land have been revitalized at more than 570 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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