Explanation
Background: The City of Columbus, Ohio is the owner of an approximately 52 acre parcel of real property located at 2500 Jackson Pike, Columbus, Ohio, known as former the Waste-to-Energy Facility (the Property). The Property is leased to the Solid Waste Authority of Central Ohio (SWACO). Pursuant to a July 2000 Closure Plan approved by the Ohio Environmental Protection Agency (OEPA), the City and SWACO excavated and removed all materials in order to properly close the facility's former retention basin under the Resource Conservation and Recovery Act and entered into an environmental covenant with OEPA dated July 11, 2006 for the 1.643 acre portion of the Property where the former retention basin was located. The environmental covenant, which was authorized by Ordinance number 2029-2005 passed December 5, 2005, implemented appropriate activity and land use restrictions. The Property was included on an April 2007 list created by the United States Environmental Protection Agency (USEPA) known as the 2020 Corrective Action Universe that identified facilities that had been closed and potentially required additional Corrective Action under RCRA. The city and SWACO subsequently met with representatives of USEPA, and at the request of USEPA the city and SWACO prepared a Current Conditions Report (CCR), which was submitted to USEPA on April 28, 2011. The CCR recommended that the July 11, 2006 environmental covenant be amended to include the entire 52 acre Property and to impose activity and use limitations on the Property for the protection of human health and the environment. Under the terms of the amended covenant, which has been approved by OEPA and USEPA, (1) use of the Property will be limited to industrial activities and shall not include residential activities, (2) groundwater within the Property shall not be used except for investigation, monitoring, or remediation purposes or in conjunction with construction, mining, or excavation activities, ...
Click here for full text