Voluntary Action Program (VAP) No Further Action (NFA), and Covenant Not to Sue (CNS)

BJAAM professionals provided services to a private developer resulting in a VAP NFA from on-staff Certified Professional, Troy Schutz (#244).   BJAAM scientists completed an ASTM Phase I ESA, Geophysical Survey, Limited Phase II ESA, VAP Phase I ESA, VAP Phase II ESA, Property Specific Risk Assessment, and Environmental Covenant leading to the VAP NFA and Ohio EPA CNS.

Yellowed brick building with lots of windows close to a street and entrance with a green awning that says Ohio Awning
The former Ohio Awning and Manufacturing facility

The southern portion of the property was developed by 1896 with the Root & McBride Co., manufacturer of paper and cotton bags and lady’s garments, and contained the western portion of the current structure.  By 1912 the structure was occupied by the Cleveland Akron Bag Co., which manufactured burlap and paper bags.  The structure was utilized for the manufacturing of awnings by Wagner Awning and Manufacturing Co. from 1930 to 1986 and by Ohio Awning and Manufacturing from 1991 to 2013. A gasoline UST was present in the courtyard area from at least the 1950s through 1974 when it was removed. The northern portion of the property was the location of multiple commercial businesses from the early 1900s through 1970s including an auto repair station from at least 1912 to the 1930s.

Gray brick building on street corner and entrance with awning that says Wagner Awning
The former Wagner Awning and Manufacturing facility

Soils were found to contain PAHs and metals above residential use standards and groundwater was found to contain metals above potable use standards. Lead exceeded the VAP UPUS in multiple rounds of groundwater sampling and POGWMUPUS does not apply.  The property is located within the City of Cleveland USD.  In accordance with OAC 3745-300-10(E)(2), a groundwater restriction was placed on the property.

A human health risk assessment was completed, and carcinogenic and non-carcinogenic risks were found to be below acceptable risk levels. Based on modeling and weight of evidence, as well as the facility’s location within an USD, the POGWMUPUS standards did not apply. In order to meet Modified Residential use criteria, the three (3) asphalt parking lots are utilized as an engineering control which act as protective barriers from contaminants in the soils beneath them. Ohio Awning LLC is also responsible for maintenance of the upper two (2) feet of landscaped areas outside the paved surfaces at the NFA Property. All RACM were removed by a licensed asbestos abatement contractor and handled and disposed in accordance with applicable law.

The VAP NFA was issued in November 2016 by Troy Schultz, and a CNS was issued by the Director of the Ohio EPA in December 30, 2016. The project took less than six (6) months from VAP Phase I to CNS.  A minor increase in cost above estimate was incurred relative to additional sampling and the quick turn around NFA to CNS.   The property is being redeveloped into a modified residential, mixed-use scenario with 50+ apartments and 10,000 ft2 of office space.