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Former Columbus Works: Columbus, Ohio

Ohio EPA VAP Covenant-Not-To-Sue

The 7-Acre Property is a portion of the larger former Columbus Works Site that encompassed 160 acres and is subject to a Covenant Not-To-Sue (CNS), which was issued by the Ohio Environmental Protection Agency (EPA) in August 2009 (06NFA241) (2009 CNS). The 7-Acre Property was developed as parking lots, driveways, and lawn/landscaped areas to support previous industrial operations on adjacent parcels that first began in 1957. No buildings or operations have been located or occurred on the 7-Acre Property.

Environmental investigations identified elevated concentrations of chlorinated volatile organic compounds (VOCs) in groundwater in the vicinity of an off-site former Solvent Unloading, Storage and Distribution Area and a former Boiler House. The 2009 CNS and supporting documents outline the obligations and requirements with respect to the former Columbus Works site. With respect to institutional controls, the former Columbus Works site is limited in use to only commercial or industrial land. There is a prohibition on groundwater extraction, and limitations and requirements for new building construction including a “Restricted Use Area” that has further restrictions.
The proposed land use of the 7-Acre Property is for restricted residential land use. Specifically, the 7-Acre Property will be developed as a skilled nursing facility.

Partners prepared VAP Phase I and VAP Phase II Property Assessments as well as other documents that supported the submittal of the NFA Letter for the 7-Acre Property. Based on the findings of the assessments, Partners was able to determine that with a modified Environmental Covenant (EC), the 7-Acre Property meets the applicable standards for soil direct contact, groundwater ingestion, and indoor air for restricted residential land use.
The CNS was subsequently issued by the Director of the Ohio EPA in April of 2021.

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