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Click here for contact information for agency, FMC and CIG personnel.
For definitions of technical terms used on this site, click here.
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
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 (middleport-future.com) 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
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:
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
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
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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