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Information from FMC

Category: Information

The news items published under this category are as follows.

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Issues related to the RCRA process
FMC has filed a suit against the DEC in Albany court and against the EPA in Buffalo Federal court.

FMC filed a notice of dispute regarding the remediation remedy selected and the method it was selected by the DEC requesting EPA consideration and possible reversal. The EPA has declined, stating the consent decree does not allow them to reconsider the selected remedy. FMC disagrees with this position and has filed a petition with the Federal court on Buffalo requesting a judge to examine the consent decree and make a decision whether the EPA can or cannot reconsider the remedy.

Also, FMC filed a suit in Albany court to stop the DEC from imposing their remedy on the community when there are other alternatives that are effective. The DEC remedy would remove any soil with arsenic levels above the established background of 20 PPM. FMC has said they are ready to begin now removing enough soil from each property to bring the average down for that property to 20 PPM. The difference in the amount of soil to remove and time to execute the cleanup between the two alternatives is considerable. The EPA allows for averaging in some regulations. The DEC has not agreed.

The DEC has said in the past they would work with each property owner on an individual basis to allow flexibility in order to save a tree or some other item the owner wanted to save. However in their specifications for the cleanup, the definition of flexibility is so restrictive that very little could be saved if the owner wanted to receive a "No Further Action Needed" classification.

Read the articles published in the Buffalo News or the Lockport US&J.



Posted by: BillA on Jul 02, 2014 - 01:27 AM  Read full article: 'FMC Sues Agencies'

Issues related to the RCRA process
FMC has submitted their draft of the Corrective Measures Study (CMS) Work Plan for Volume V to the government agencies for their review and approval. This volume covers the Jeddo Creek tributary between Francis St. and Pearson Rd. The study effects those properties with land in the flood plain of the tributary which include properties on the west side of N. Hartland St. and some properties on Church St, Francis St., Orchard St., Chase Rd. and Sherman Rd. including the mobile home park.

The work plan is available in the Document Repository under CMS Work Plans. Click here to download the PDF file directly.

Please keep in mind this is not the actual CMS but a plan on how the CMS will be developed.



Posted by: BillA on Aug 15, 2011 - 01:52 PM  

Issues related to the RCRA process
The transcript from the public session held on June 14, 2011, at the Middleport Fire Hall so government agencies with over site of the FMC remediation project in Middleport could receive comments on the draft Corrective Measures Study Report for the Air deposition Area and Culvert 105 is available through this link: Click here



Posted by: BillA on Jul 21, 2011 - 12:49 PM  

Issues related to the RCRA process
The Draft CMS Report for the Air Deposition Area and Culvert 105 study areas is available for review. There is also a much shorter Executive Summary. The Draft CMS Report, Executive Summary and Appendices are available for download as PDF files from the Document Repository on this web site. The full unabridged version is also available at the Middleport Library or at the FMC office at 15 Main St.

Click here to go to the table of contents.

The public comment period will begin May 17th and ends July 1, 2011. Concerned individuals can submit comments or questions to the agencies by sending them in written format to :
Mr. Matt Mortifolio
NYSDEC Project manager
625 Broadway
Albany, NY 12233-7017


Written comments can also be E-mailed to mjmortef@gw.dec.state.ny.us

There will be an open public session at the Middleport Fire Hall were verbal comments can be made. An afternoon session between 2:00 PM to 4:00 PM will be informal were members from the three agencies will sit down in one on one discussions. The evening session between 6:30 PM to 8:30 PM will be a formal session with brief presentations from both FMC and the Agencies before the floor will be open for anyone to give a verbal comment. There will be a stenographer present who will transcribe the session for later publication. All written and verbal comments/questions will be answered by the Agencies and published for public review sometime later in the summer or early fall.



Posted by: BillA on May 16, 2011 - 11:52 AM  

Issues related to the RCRA process
FMC and the government agencies have come to an agreement on how to proceed with the CMS for the Air Deposition Area and Culvert 105. There were 4 requests from the list of directives by the Agencies for changes to FMC's CMS report which FMC did not accept in their letter to the Agencies dated December 10, 2010.

In a letter dated December 21, 2010, FMC accepted the Agencies' modified directives and therefore avoided any action that would lead to filing for dispute resolution under the current Oder of Consent. FMC has set a target date for May 20, 2011 for completion of the revised CMS report. At that time there will probably be another review and comment by the Agencies before an agreed to report can be ready for public review.

The MCIG does not anticipate a need for the next meeting until the May time frame. An announcement will be made at the appropriate time. Updates will be made monthly using the "Keeping You Posted" notes available in the Document Repository under Meeting Materials.

Click the Read Full Article link below for more detail.



Posted by: BillA on Dec 28, 2010 - 02:07 PM  Read full article: 'CMS for Air Deposition and Culvert 105 Update' (597 more words)

Information and news about the CIG
The notes from the CIG's September 28, 2010 CIG meeting are now available. They can also be downloaded using the link below.

Note: Click here to download a copy of the September 28, 2010 Part I meetings notes in pdf format.

Posted by: Wally on Nov 09, 2010 - 05:03 PM  Read full article: 'September 28, 2010 Meeting Notes Available' (4231 more words)

Information and news about the CIG
The notes from the CIG's July 15, 2010 CIG meeting are now available. They can also be downloaded using the link below.

Note: Click here to download a copy of the July 15, 2010 Part I meetings notes in pdf format.

Posted by: Wally on Aug 10, 2010 - 03:39 PM  Read full article: 'July 15, 2010 Meeting Notes Available' (2894 more words)

Information and news about the CIG
The notes from the CIG's May 6, 2010 CIG meeting are now available. They can also be downloaded using the link below.

Note: Click here to download a copy of the May 6, 2010 Part I meetings notes in pdf format

Posted by: Wally on May 17, 2010 - 07:29 PM  Read full article: 'May 6, 2010 Meeting Notes Available' (1775 more words)

Information and news about the CIG
The notes from the CIG's April 7, 2010 CIG meeting are now available. They can also be downloaded using the link below.

Note: Click here to download a copy of the April 7, 2010 Part I meetings notes in pdf format


Posted by: Wally on May 01, 2010 - 10:54 AM  Read full article: 'April 7, 2010 Meeting Notes Available' (2086 more words)

Information and news about the CIG
The notes from the CIG's March 9, 2010 CIG meeting are now available. They can also be downloaded using the link below.

Note: Click here to download a copy of the March 9, 2010 Part I meetings notes in pdf format

Posted by: Wally on Mar 27, 2010 - 12:14 PM  Read full article: 'March 9, 2010 Part 1 Meeting Notes Available' (2403 more words)

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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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