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This website is the product of the Middleport Community Input Group. It is not reviewed, edited or censored by any other organization or company including government agencies and FMC. In addition, the content in the home page stories, in the Document Repository and in other areas of this website have been placed there with the permission of the MCIG and not by any other group, organization or company.

Welcome to the Middleport Community Input Group's Web site. We represent a stakeholder group working with FMC and the government agencies with oversight of the environmental cleanup in and around the village. Please download our brochure, read our Goals and Mission Statement as well as our meeting notes and materials, which are all available here.

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Issues related to the RCRA process
During December, 2017, FMC held a meeting to introduce their latest Remediation Project manager for the Middleport site. John Paul Rossi who was appointed earlier in the year accepted a job with his old company and left FMC. Nick Schapman is now the project manager. Nick is a construction engineer and had been involved in remediation work for FMC in West Virginia.

During the meeting FMC provided an update on plant activities. They are relining the west surface impoundment area and expanding the capacity of storage tanks that hold runoff water so that during storms more runoff can be retained for processing instead of letting excess unprocessed water flow into the tributary. They also have plans to build a new lab and do other upgrades to the facility. FMC Middleport has a few job openings including a couple of operators and several salaried positions.

In remediation news: FMC submitted a Draft Corrective Measures Study to the NYSDEC for the Jeddo Creek tributary between Frances St and Stone Rd on November 1, 2017. This was by direction of the DEC and their review will be along with consultation with the NYSDOH.

The draft CMS includes four Corrective Measure Alternatives for the creek and surrounding floodplain. Each CMA includes an Interim Corrective Measure for the portion of the creek between Francis St. and the Erie canal. This ICM would be the final remedy for that part of the creek and if completed, no further action would be required. It is not known if, after review, the Agencies would accept any of the CMA's or direct FMC to implement another as they did in the Air Deposition Area. FMC does not believe the Agency's review and subsequent negotiations will be done in time to start remediation work in 2018. FMC also has to devise a plan on how to remediate an active creek.

If you would like to review the Draft CMS Report go to the story below on this website.

The Agencies want to discuss with FMC remediation of the creek between Stone Rd and near Lyndonville. Some sampling was done in 2006 but more will be required in order to perform a Corrective Measures Study. This area is split onto two operable unites: OU7 is between Stone Rd and Ridge Rd, OU8 between Ridge and north of Lyndonville.

The Home Value Assurance program will be extended to December 2018. This program provides cash to property owners who successfully sell their property within a specified time after listing.

As of December, continuing remediation work in the Air Deposition Area is in question. The location of utilities were marked on some properties in the village last fall but there was no announcement from the DEC stating what the plans were as is usually the case. I contacted the DEC and was told that their next remediation effort would be Main St. between South St. and Telegraph Rd., Hammond Parkway including the four properties that face State St. and the block surrounded by Vernon, Maple and Park not already done. (St. Stephens Church was remediated in 2016-2017.) However there is a possibility that no remediation work will be done in 2018. One reason for this uncertainty, may be that the State Appellate Court ruled unanimously in favor of FMC and against the DEC in one of FMC's lawsuits. FMC filed the lawsuit believing they were not given the right to dispute the DEC's unilateral decision to begin remediation of the Air Deposition Area under their own CMA. FMC's position is the Consent Order agreed to by FMC and the Agencies gave them that right. Although the DEC may appeal, seldom is a unanimous decision by the Applet Court overturned. We may know what the DEC plans to do by this spring.

Posted by: BillA on Jan 28, 2018 - 10:51 PM  

Issues related to the RCRA process
FMC has submitted their Draft Corrective Measures Study Report for the Jeddo Creek tributary between Francis St. and Stone Rd. to the New York State Agencies.

To download the draft, go to the Document Repository and then the subcategory "CMS Reports".

Posted by: BillA on Jan 24, 2018 - 10:38 PM  

Issues related to the RCRA process
The comments submitted by FMC during the open comment period pertaining to the Hazardous Waste Management Permit written by the DEC is available in the Document Repository.

It is unknown if any comments were submitted by a resident or other stakeholder. The open comment period is now closed.

To download the document click here.

Posted by: BillA on Nov 04, 2017 - 01:13 AM  

Important Announcement
The public session to receive oral comments concerning the hazardous waste management facility application draft permit was held on September 27, 2017.

No comments were made in either afternoon or evening sessions.

Written comments may be sent in to the DEC but must be received by October 20, 2017.

Posted by: BillA on Sep 30, 2017 - 12:09 AM  

Important Announcement
FMC has objected to the draft permit for a waste management facility at the Middleport plant site issued by the NYSDEC.

The company believes this is an attempt to circumvent the Administrative Order of Consent (AOC) established between FMC and the government agencies in 1991. It should be noted that this order expired several years ago and the parties have been unable to agree on a new consent order.

FMC evidentally wishes to continue operating under to old order until a new one is agreed to.

Posted by: BillA on Sep 03, 2017 - 10:54 PM  

Important Announcement
The NYSDEC has issued a draft permit for a hazardous waste management facility at the FMC site in Middleport.

This permit covers the operation/closure of the three regulated hazard waste sites or surface impoundments within the FMC plant facility in Middleport. They consist of:

1. The Eastern Surface Impoundment which is now inactive and has a temporary soil cover. This area was at one time called the CAMU. FMC is required to close this unit per the permit.
2. The Western Surface Impoundment which is now a lined collection pond for plant site contaminated surface water run off. Water from this pond is processed at the waste water treatment plant on site before off site discharge.
3. The Central Surface Impoundment which is closed.

The draft permit also includes requirements for corrective action programs at the FMC facility.

A public comment period on the draft permit will run through October 20, 2017. Written comments should be mailed to:

Michelle Woznick, Environmental Analyst
NYSDEC Region 9
270 Michigan Avenue
Buffalo, NY 14203-2915

or E-mailed to

Two open public sessions where oral comments may be made will be held at the Middleport Fire Hall at 28 Main Street, Middleport, New York on Wednesday, September 27, 2017, beginning at 1:00 p.m. and 7:00 p.m. The sessions will be conducted by Administrative Law Judge Michael S. Caruso. Additionally, public availability sessions where one-on-one discussions can be had will be held one hour before each formal session (12:00 and 6:00 o'clock).

To review the announcement and overview of the draft and comment period click here.

To view the draft permit click here.

Posted by: BillA on Aug 22, 2017 - 07:40 PM  

Important Announcement
On Tuesday, July 25,2017, FMC held a meeting to introduce a few new personal who will be working either at the Middleport plant or associated with the arsenic cleanup. The attendees besides FMC related personnel included village leaders, school board members, the school superintendent and chairman of the MCIG.

Mr. John Paul Rossi in now the lead engineer for the environmental cleanup replacing Shawn Tolan. Shawn is still connected with the cleanup but will not be associated with the day to day activity.

Mr. Leonardo Picanto is the current interim plant manager replacing Greg Sullivan who left this past April. Mr. Picanto is from the FMC facility in Brazil.

Christina Kaba is the Director of Environmental Health and Safety in Philadelphia replacing Bob Forbes who retired at the end of 2016.

Roberta Kloda is manager for Environmental Health and Safety at the Middleport plant. Also Yolanda Rivero is a safety specialist.

FMC Middleport is placing an emphasis on employee safety both at the plant and in the home and community. Various programs are being implemented to further this goal

FMC is continuing to study and conduct remedial efforts for the various operative units in and surrounding Middleport except for the air deposition area and the Roy-Hart school which the DEC continues to do on a unilateral basis. FMC has won the court decision concerning the Agency selected remedy for the Air Deposition Area but the DEC is appealing. Until a ruling is rendered on the appeal, the judge has allowed the DEC to continue with the cleanup using their remedy (absolute max 20 PPM). However, this may change if the appeal goes in FMC's favor. The ruling is expected this coming fall. The suit concerns the DEC selected remedy as it was not one of the remedies outlined in the CMS for the Air Deposition Area. The ruling could impact the work for next year.

FMC is currently working on the CMS for Operative Unit 6, the Jeddo Creek Tributary, with an expected completion of the draft report by November of this year. It will then be submitted to the Agencies for review. If events go as in the past, the Agencies will want changes with the CMS, FMC will negotiate and make some, the modified CMS will be submitted, the Agencies hopefully will accept it, there will be a public comment period, comment responses will be published by the Agencies, a remedy selected (hopefully one in the CMS) and then work will begin.

As for the part of the tributary between Frances St and the Erie Canal, the Agencies have directed FMC to perform an Interim Corrective Measure (ICM) to remove contaminated soil from the creek bed and floodplain. The DEC has accepted the preliminary plan and FMC will submit the final plan on August 14. If the final plan is accepted, the work will begin in 2018 and be completed by fall 2019. Twenty six residential, commercial and public properties whose backyards are part of the floodplain will be effected. This work is not part of the law suit between FMC and the DEC

FMC is working on the RFI for OP3 which are the two areas north of the canal and east of the Niagara-Orleans County line

Dr. Klatt, school superintendent, stated it appears there may be 3 more phases of remediation at the school meaning 3 more years of work by the DEC. The area in front of the two schools bordering State St. will need to be done along with more areas to the rear and west of the high school and east of the middle school.

The Norco plant site has seen no activity and is considered part of the Air Deposition Area. It is up the the DEC to come up with a solution for that property pending the appeal.

FMC is continuing with the Home Value Assurance Program through 2018 for homes in the study areas. Homes that are for sale in Middleport are typically selling quickly and at good prices so the cleanup activity does not appear to be effecting that.

The MCIG website ( has been down the last couple of days. It has been receiving an unusual number of hits the last few months and exceeded its allotted activity. The reason for these hits is not clear as is their source. It may be increased interest or it could be hackers. Programs are being put in place to determine the source.

Posted by: BillA on Aug 01, 2017 - 11:46 PM  

Issues related to the RCRA process
The NYS DEC has announced its plans for residential remediation during the construction season of 2017. To download the DEC fact sheet click here.

Although the overhead view of the area on the third page of the sheet outlines neighborhood blocks as the original remediation plan described, it appears from the literature the DEC will be remediating by streets for at least this year. Up to 34 properties will be remediated this year:
  1. Those properties on Alfred St. not yet remediated.

  2. The north side Freeman Ave.

  3. The east side of Vernon St. from Niagara St. to Rochester Rd

  4. The west side of Vernon St. from South St to Rochester Rd excluding those already done.

In addition, the work started last year at St Stephens Church will be completed.

Work times will be 7:00 AM to 5:00 PM, Monday though Friday.

Posted by: BillA on Mar 30, 2017 - 06:13 PM  

Issues related to the RCRA process
The DEC has announced their plans to continue remediation activity at the Royalton-Hartland Junior and Senior high schools for the 2017 construction season. There will be two adjoining work areas centrally located between the schools which include a couple of softball diamonds. Approximately 18,000 cubic yards of soil will be removed. The main parking lot between the schools apparently will be used for truck exit and entrance. A fence will be constructed to enclose the work area. Air quality will be monitored.

The adjoining work areas will have two schedules, one to be remediated while school is out for the summer and the other to be started and competed while school is in session. Where cars will park while school is in session was not explained.

To view the DEC announcement which includes a map of the proposed work area click here.

Posted by: BillA on Mar 16, 2017 - 11:38 PM  

Issues related to the RCRA process
In 2014 the DEC decided to unilaterally implement their remedy for the arsenic contamination cleanup in the Air Deposition Area of Middleport and the Roy-Hart School over the desired remedy of FMC and the MCIG. FMC filed a law suit in Albany Supreme court to challenge the DEC.

Since then the DEC has proceeded to implement their plan at the school and in the village neighborhoods of Alfred, Park and Freeman Avenues this year and last year despite FMC's legal challenge.

On October 20, 2016, a panel of five judges unanimously ruled against the DEC stating the state agency violated the law as spelled out in the Administrative Order of Consent, legally agreed to by FMC and the DEC in 1991, by not allowing a hearing to settle the dispute between FMC and the DEC on the remedy selection.

It now remains to be seen how the DEC will proceed from here. They are looking at all their legal options. They could appeal or allow a hearing and let the courts decide. They could enter into further discussions with FMC but that is what has been going on since 1991 with no agreement between the two. The DEC could just continue with the cleanup in the village with their remedy acknowledging that FMC may not pay for all of it or any of it. However it is believed that FMC always assumed some amount of the cleanup would be paid by them. WLVL radio stated that the ruling meant FMC would not have to pay for the cleanup activity from 2014 and 2015 but that is not clear from the statements seen so far. What amount FMC does not pay would be left to the taxpayers of New York.

Use this link to view the Buffalo News article

Use this link to view FMC's statement

Posted by: BillA on Oct 28, 2016 - 06:13 PM  

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Next Meeting Date

There are no plans for a meeting at this time.

All meetings run from 5:30 to 8:00 p.m. at the Masonic Lodge, 20 Main St. in the Village. All Middleport residents and property owners are welcome to stop by anytime while we are meeting.

Meeting Notes & Agendas

Download CIG meeting notes and agendas from  2006 to the present here.

CIG Mission Statement

To download a copy of the CIG's Mission Statement click here.

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To download the CIG brochure in pdf format just click this link.


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