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

Richfield Village has received a covenant not to sue under Ohio EPA’s Voluntary Action Program (VAP) after investigating and remediating the Highpoint Trucking Terminal property in Summit County. 

The property, at 3969 Congress Parkway, Richfield, consists of 6.29 acres. From 1961 to 1985 the property was used by Coastal Tank Lines for trucking operations, including hazardous waste transport and storage, truck maintenance, and interior and exterior tanker truck washing. The process utilized degreasers containing trichloroethane (TCE). Two 10,000-gallon underground storage tanks (UST) containing diesel fuel and one 500-gallon UST containing waste oil were found on the property.

Following standards developed by Ohio EPA, Richfield Village hired a certified professional to conduct property assessments and five areas were identified for further investigation. The investigation revealed the following chemicals on site:

  • volatile and semi-volatile organic compounds (VOCs and SVOCs);
  • polynuclear aromatic hydrocarbons (PAHs);
  • petroleum products; and
  • polychlorinated biphenyls (PCBs) and metals.

The property contaminants were determined to be within applicable standards so an environmental covenant has been proposed for the site restricting activity to commercial and industrial use. The property does not meet standards for excavation and construction activities. If these activities should be required, a risk mitigation plan and operation and maintenance plan requirement has been attached to the parcels.

The proposed environmental covenant requires the property owners to report to Ohio EPA annually that the property’s use remains compliant with the activity use restrictions.

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 for known releases. The protection applies only when the property is used and maintained according to the terms and conditions specified in the environmental covenant.

In the 20 years since Ohio EPA issued the first covenant not to sue under the VAP program, more than 11,620 acres of blighted land have been revitalized at nearly 550 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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