Voluntary Action Program Smalley & Associates

What is a "Covenant Not to Sue?"

Ohio's Voluntary Action Program was developed in 1994 to encourage the redevelopment and reuse of land that is contaminated by hazardous substances or petroleum. The key to this program is a "Covenant Not to Sue," issued by the Ohio EPA, that promises the current property owner, or another volunteer, a release from state civil liability associated with that contamination.

To obtain a "Covenant Not to Sue," a professional certified by the Ohio EPA must review site data and ensure that the property is protective of human health, safety and the environment.

What are the Benefits?

There are many benefits in obtaining a "Covenant Not to Sue"
for a property:

Provides peace of mind
Provides, in some instances, an abatement on increase in property taxes for 10 years
Provides a legal document releasing the property owner from liability
Increases property value
Creates an asset from a liability
Saves time by cutting through bureaucratic red-tape

Click Here to See How The Process Works!

Phase I and II Site Assessments
Hydro-geological Studies
Hazardous Waste Management
Underground Storage Tank Procedures
Regulatory Compliance