Burgess & Niple was retained by our client to perform Phase I and II ESAs and risk assessment under Ohio EPA Voluntary Action Program (VAP) protocol. The 10-acre site was operated as an industrial facility since 1904. The plant was shut down in the summer of 1998. The VAP offered protection from EPA and the Covenant Not to Sue benefits both seller and the buyer. The Covenant Not to Sue was issued by the Director of the Ohio EPA in March 2002.
Specific items of interest include: