The Press Newspaper

Toledo, Ohio & Lake Erie

The Press Newspaper

The Press Newspaper


         Pilkington North America, Inc. has received a covenant not to sue under the Ohio Environmental Protection Agency’s Voluntary Action Program (VAP) after the company investigated and remediated the East Broadway industrial warehouse property in Northwood.

        The 79.4 acre property, located at 1769 East Broadway, was first developed in 1924. In the late 1980s, the property was used as a glass grinding, polishing and finishing plant. The southwestern-most portion of the property is currently occupied by Mike’s Hauling and Demolition Co. where a new warehouse building was constructed, according to the Ohio EPA.

        Following standards developed by the Ohio EPA, a certified environmental professional was hired to assess the property and address areas of environmental concern.

        “Contaminants found on the property are common contaminants for old industrial properties, including volatile and semi-volatile organic compounds, hydrocarbons, metals and PCBs,” Dina Pierce, coordinator for the northwest and southwest districts of the Ohio EPA, told The Press last week

        “All were at levels low enough to meet the standards for continued use for industrial or commercial activities.”


Meets standard

        The property meets VAP requirements to be used for commercial or industrial uses. Higher standards must be met if the property were to be used for residential purposes, she said.

        “The risks for exposure are higher on a residential property, where people spend up to 24 hours a day and may be in direct contact with soils,” said Pierce. “At a business property, people are generally present 8 to 9 hours a day with little or no contact with soils.”

        The environmental covenant includes a prohibition on extraction or use of ground water under the site.

        “Groundwater on the site does contain contaminants that make it unsafe for potable uses,” said Pierce. “That area is served by a public drinking water system. The lower groundwater zone can be used for non-potable industrial purposes, such as heating and cooling, quenching and fire suppression.”


Protects owner

        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, according to the EPA.


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