PERRY TWP. – Canton Drop Forge has come to an agreement with the Ohio EPA and will not be prosecuted for any environmental issues, as long as concerns are being addressed at the site.

An agreement via a covenant has been made via the Ohio EPA's Voluntary Action Program (VAP), which aims to provide landowners an avenue to clean environmentally contaminated property and receive a promise from the state not to be sued.

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"If (the owners) clean up the property, we're not going to (legally) go after them for any environmental issues (going on)," said Anthony Chenault, a media representative with the Ohio EPA.

The pact between Canton forge and the state EPA was agreed to Dec. 28, and only recently announced, Chenault said.

The 34-acre Canton Drop Forge property at 4575 and 4644 Southway St. SW had been used for agricultural purposes starting in 1925.

According to an Ohio EPA news release, in 1942, the U.S. Army Corps of Engineers constructed six buildings to manufacture aircraft equipment parts on the land.

Canton Drop Forge acquired the property in 1951, and from 1976 to 1979, the property was used for landfill activities in two areas, totaling eight acres. The property is presently used for die and drop forging.

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Following standards developed by Ohio EPA, the property owners hired a certified environmental professional to assess the land and address any environmental concerns, the news release states.

Four 25,000-gallon underground fuel storage tanks were removed from the site. The property meets VAP requirements to be used for commercial or industrial land uses and meets standards for excavation and construction activities.

A property covenant instructs land owners what they can and cannot do with property. Covenants exist to limit misuse of property, so that its value and health can be maintained.

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A covenant not to sue also protects the property owner and future owners from being legally responsible to the state for further environmental investigation and remediation relating to known releases. Protections only apply when property is used and maintained according to the terms and conditions of the covenant.

Since the EPA's Voluntary Action Program was created in 1994, more than 15,830 acres of contaminated land on 686 sites in 73 Ohio counties have been investigated or remediated, receiving covenants not to prosecute.

Reach Steven at steven.grazier@indeonline.com.