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

Clarksco Properties, LLC, has received a covenant not to sue under Ohio EPA’s Voluntary Action Program (VAP) after the company investigated and remediated the former Fairfield Engineering property in Marion.

The property, located at 324 Barnhart St. and 314 Chicago Ave., is 7.96-acres that was first developed in 1905 and used by Fairfield Engineering from 1923-2002 to manufacture conveying machinery. Since then it has been used by various businesses and is currently used for warehousing.

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 removing some areas of contaminated soil and placing a soil cap over other areas to prevent contact with contaminated soil. Additionally, existing building foundations act as barriers to contact with contaminated soils.

With these controls in place, the property meets VAP requirements to be used for commercial or industrial uses. The environmental covenant includes a prohibition on extraction or use of ground water under the site.

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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