Ohio Voluntary Action Program (VAP)
Due to the long environmental history of the property, the Ohio EPA had commenced enforcement proceedings against the landowner to force assessment and remediation of the site.
The Former Midwest Rubber Reclamation Facility is approximately 101.22 acres in size located within the City of Barberton. BJAAM, working in conjunction with the confidential client and the Barberton City Development Corporation (BCDC), completed a VAP Phase I ESA and VAP Sampling and Analysis Plan (SAP) for the site to demonstrate the collective commitment to Ohio EPA to remediate and redevelop the site. Through these efforts, BJAAM, the BCDC, and the site owner negotiated with the Ohio EPA and the Attorney General’s Office to allow remediation of the site through the Ohio VAP Program, in lieu of enforcement and remediation under the supervision of the Ohio EPA. The Sufficient Evidence demonstration through the VAP Program was completed and approved by the Director of Ohio EPA in June of 2007. Remediation through the VAP Program commenced in the summer of 2007 and was completed in February 2009.
The NFA was issued by the Certified Professional in February 2009 and submitted to Ohio EPA for consideration of a Covenant Not to Sue through the Ohio VAP. A CNS was approved by the Director of the Ohio EPA on August 11, 2011. BJAAM completed the site remediation for less than $500,000, and based on OEPA estimates, saved the client and property owner well over $7-million dollars.
