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Topic: Issues related to the RCRA processThe new items published under this topic are as follows.
These lands are divided into several areas:
Refer to the last pages of the Preliminary Statement of Basis for a pictorial layout of these areas.
A summary of the contamination levels is:
FMC had proposed two remedies:
Since the current known levels in these areas are currently under 40 PPM avg, 80 PPM high, no further action by FMC would have been required.
The DEC objected to both solutions and is requiring FMC clean up to a standard of 20 PPM avg and 40 PPM highest which would establish a land use of residential and no restrictions. The cost of this remedy is estimated to be $14.5 million.
This is land that is not accessible by roads as the areas to be remediated are set back from the nearest highways (31 and 31E) or are not near a road at all. It is hard be believe they will ever be anything but farm or unused land.
The DEC is accepting comments on the PSOB until November 16, 2020, which should be sent to:
Nathan Freeman - NYS DEC Project Engineer
Division of Environmental Remediation
625 Broadway, 12th Floor
Albany, NY 12233-7255
To download the Preliminary Statement of Basis click here.
To download the DEC fact sheet click here.
Posted by: BillA on Oct 22, 2020 - 10:38 PM
To view the DEC release click here. The areas where work will be done are highlighted.
Posted by: BillA on Apr 29, 2020 - 06:38 PM
The areas to be worked on will be:
Not all the properties along State St. and its side streets will be remediated. A number of them have “No further action required” status and a few will be refusals. No properties on Robertson St will be remediated including those on the corners of State and Robertson (no further action). There are approximately 28 properties to be done.
Work will be performed on weekdays although, as in the past, Saturdays may be used if work falls behind.
As stated, this effort should complete the work in the Air Deposition Area. The areas yet to be remediated are the Tributary between Francis St. and the canal, followed by the tributary from the canal to Pearson Rd, then on to Jeddo and Johnson Creeks in the town of Yates. Also the Culvert from Sleeper St. north will need to be done. All this work will be engineered by FMC with DEC oversight where the work in the Air Deposition Area was done without FMC involvement. However per the new AOC, FMC will pay the estimated more than 51 million dollars spent by the DEC out of the state superfund to do the last six years of cleanup.
To view the DEC announcement concerning residential claenup for 2020 click here. The announcement includes a map of the area with the properties to be remediated shaded in yellow.
Posted by: BillA on Apr 11, 2020 - 03:51 PM
Phase 5 of the Roy-Hart school remediation project will begin in April. Areas to the south, west, and north of the high school and areas north of the middle school will be cleaned up. This includes all that area in front of both schools to the State St. right-of-way. The first work to be done will most likely be removal of the trees along State St. Approximately 12,000 cubic yards of soil will be removed. All the work continues to be performed under the over-site of the DEC without FMC involvement. For now, cost will be paid for from The New York State Superfund.
Phase 5 of the Air Deposition Area will also begin in April. Up to 33 properties will be cleaned up this year. The areas includes:
Some properties within these areas will not be remediated as they have “No further action required” status and some may be properties whose owners refuse. The DEC will work with owners to determine what must be removed and how the property will be restored. Work will be conducted by National Vacuum Environmental Services Corporation of Niagara Falls under the over-site of the DEC on weekdays generally between 7:00 AM and 5:00 PM. Full time air monitoring will be employed.
After this year's phase, all that will remains in the Air Deposition Area is State Street between William and Vernon and two feeder streets north of State (William and Washington). All properties on Robertson St. have “No further action required” status. Also, some fields east of the village remain to be done pending owner approval.
To download the DEC announcement for Phase 5 of the Air Deposition Area cleanup, click here.
Posted by: BillA on Apr 19, 2019 - 07:14 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
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
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
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.
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