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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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This decision is somewhat of a surprise since the lower court, the Appellate Division of the State Supreme Court, ruled unanimously in FMC's favor.
FMC is looking into their next move but believe they will still have the opportunity to dispute their liability to pay for the cleanup. This will probably have to be in federal court.
The DEC has spent about 20 million dollars so far in the cleanup effort and estimate the total will be from 58 to 69 million for the Air Deposition Area including the school grounds. To date this money has come from the state supperfund. Before the DEC unilateral cleanup began, FMC spent about 200 million dollars on studies and cleanup such as various RFI's and CMS's, cleaning up the school football field, east side of South Vernon St, south side of Park Ave, etc.
The DEC will begin Phase four of the six phase cleanup of the school yard in May. The work will be east of the middle school. The existing playground will be replaced with a new, improved one meeting 2018 standards and new tennis courts and a parking lot will be built in the area.
The next phase of residential property cleanup will also begin in May.
Posted by: BillA on May 06, 2018 - 07:42 PM
The areas to be done are:
However many properties within these blocks are not up for remediation because they have received "clear letters or no further action required". For example, in the N Block, only one property on Main St. (the large brick apartment house) and the two properties on Vernon behind the apartment building are up for remediation. All the rest are clear. On Main in the S block, six owners have refused and one (perhaps a new owner) has received a request from the DEC without a reply so far. This leaves only six properties that will be remediated this year in that block. Even though the DEC announcement included the east side of East Ave. in the G block, only those ranch houses within the Hammond Parkway development will be up for remediation this year but of the five properties bordering State St. in the G block, three are clear and the owner of one has refused, leaving only one to be remediated.
The properties along Telegraph Rd. are clear and all but two properties along west side of Main St. between Francis St. and Telegraph Rd. are clear. Of the latter two, one will be remediated this year and the owner of the second has refused.
After this year there will be roughly 60 properties remaining to be remediated mostly along State St., its feeder streets and Main and Vernon St. between State and Park. However many in these areas have received clear letters. About 30 properties are done each year so maybe after this year only two more years remain and the Air Deposition Area will be done (except for those properties along State between the village line and the county line).
In their announcement, the DEC stresses that remediation is voluntary and property owners have the ability to decline. Indeed a number of owners have declined.
The DEC also announced separately the remediation at the Junior/Senior High School will continue in 2018. The remediation effort will involve the eastern portion of the school property (east of the Junior High to the property line and north of the already remediated field hockey field up to the road (Rt 31E).
To view the DEC announcement on residential cleanup click here.
Posted by: BillA on Apr 04, 2018 - 08:02 PM
FMC has not updated their online pamphlet so this download is for the program dated 2016 to 2018. However aside from the dates and FMC contact, the information is the same.
Posted by: BillA on Mar 27, 2018 - 07:45 PM
To veiw a Youtube video of the arguments made before the court click here. This video runs about 30 minutes.
The six judges on the bench (one was absent) seemed to be well informed and prepared even though some of their questions were more historical than pertaining to the case at hand.
The attorney for the DEC stated the contamination in the school yard and properties surrounding the plant was from overflow runoff from the lagoon or western impoundment area between 1981 and 2008. However we know that the much of the area currently being remediated was contaminated by airborne particles released from the plant before FMC discontinued using arsenic in 1974. It appears the DEC's case has some fallacies.
Posted by: BillA on Mar 27, 2018 - 07:36 PM
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
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
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
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
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 DEP.R9@dec.ny.gov.
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
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.
New Member Materials
The CIG Brochure
To download the CIG brochure in pdf format just click this link.
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