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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
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
At the upper right portion of the home page there now is a big blue Comment button. Click on the button to bring up your E-mail client and send the MCIG your comment about the remediation project in Middleport, about this web site, or any other related subject. You can also use the button to send the MCIG a question. Comments and questions may be discussed at MCIG meetings.
Comments and questions will be posted after a review either on the home page, in the Share an Opinion section of the site or in the FAQ section.
Posted by: BillA on Feb 27, 2010 - 01:33 PM
The result of the survey can be viewed by clicking here.
Dr. Schoof is an internationally recognized expert on arsenic in the environment and has performed past studies on the arsenic contamination in Middleport.
Dr. Schoof held information workshops on November 4th and 5th. A flyer was delivered door to door in the CMS study areas. That flyer can be viewed by clicking here.
Posted by: BillA on Oct 18, 2009 - 01:08 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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