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Information from FMC

Important Announcement
The NYSDEC has issued a draft permit for a hazardous waste management facility at the FMC site in Middleport.

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

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  

Important Announcement
On Tuesday, July 25,2017, FMC held a meeting to introduce a few new personal who will be working either at the Middleport plant or associated with the arsenic cleanup. The attendees besides FMC related personnel included village leaders, school board members, the school superintendent and chairman of the MCIG.

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 ( 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  

Issues related to the RCRA process
The NYS DEC has announced its plans for residential remediation during the construction season of 2017. To download the DEC fact sheet click here.

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:
  1. Those properties on Alfred St. not yet remediated.

  2. The north side Freeman Ave.

  3. The east side of Vernon St. from Niagara St. to Rochester Rd

  4. The west side of Vernon St. from South St to Rochester Rd excluding those already done.

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  

Issues related to the RCRA process
The DEC has announced their plans to continue remediation activity at the Royalton-Hartland Junior and Senior high schools for the 2017 construction season. There will be two adjoining work areas centrally located between the schools which include a couple of softball diamonds. Approximately 18,000 cubic yards of soil will be removed. The main parking lot between the schools apparently will be used for truck exit and entrance. A fence will be constructed to enclose the work area. Air quality will be monitored.

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  

Issues related to the RCRA process
In 2014 the DEC decided to unilaterally implement their remedy for the arsenic contamination cleanup in the Air Deposition Area of Middleport and the Roy-Hart School over the desired remedy of FMC and the MCIG. FMC filed a law suit in Albany Supreme court to challenge the DEC.

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  

Issues related to the RCRA process
A resident was walking by the house on the corner of Alfred and State Street as they were cutting down the trees on that property. That resident got into a friendly conversation with one of the workers and was told property owners are being informed they should remediate because if they sell, the buyer will not be able to get a mortgage or title insurance from the banks since the property will be considered contaminated.

Not having heard of any problem like this, I talked with FMC since they have the Home Value Assurance Program. According to FMC representatives there is no problem they know of with selling houses in Middleport. In fact it seems the houses covered under their plan are selling at or above appraised value and typically within 60 days of listing.

In addition to FMC, I talked with three real estate agents from two companies. None had heard or experienced any problems with purchasing homes in Middleport or the new owners getting the necessary mortgage and insurance. The realtors actually appeared puzzled the question was being asked.

Perhaps the Agencies (DEC) are once again arm twisting to get owners to commit to remediation. Someone told a worker or workers there was this problem and now it's getting spread. This has been done in the past and the DEC has told me it wasn't them and they would never do it but here it is again.

Owners should understand there is no reason to remediate unless they are concerned about the arsenic in their soil.

There was a reported problem where a sale did not go through because the buyer could not get a mortgage but that was reported to be caused by a financial situation not contamination.

Posted by Bill Arnold

Posted by: BillA on Sep 30, 2016 - 11:23 PM  

Issues related to the RCRA process
On June 20, 2016, FMC announced it has agreed, upon request from the NYSDEC and USEPA, to perform additional soil sampling of the flood plain and adjoining properties of the Jeddo Creek tributary between Francis St. and the Eire Canal. This agreement only includes additional soil samples within this stretch of the creek. It does not necessarily mean anything more including remediation will be done. Several weeks later FMC extended this study area along the creek to Pearson/Stone Rd.

Property owners involved will be contacted and get an explanation what the study means to them. A request to each owner to access their property will be made. Owners have the right to refuse and no samples will be taken without written permission.

To review the announcement from Shawn Tollin of FMC click here.

To review the work plan click here.

Or go to the Document Repository in this site and find these and other documents. The referenced documents are in the category Study and Work Plans.

This agreement between FMC and the Agencies does not change the other current activities at the Middle and High Schools or in the "M" and "K" blocks in residential areas. The NYSDEC began work on Park Ave. several weeks ago and will begin work at the school soon after the school year ends which is June 24. FMC has no involvement in this work and the DEC is using the taxpayer funded State Superfund to pay for the activity.

Posted by: BillA on Jun 24, 2016 - 05:26 PM  

Issues related to the RCRA process
Following is a new release from the DEC regarding their plans for 2016.

The New York State Department of Environmental Conservation (DEC) announced today that Phase two of the soil remediation effort will begin on June 27 on the grounds of the Royalton-Hartland (Roy-Hart)High School and on May 3 at residences located on the K and M Blocks in the Village of Middleport, Niagara County. This remediation is part of the overall 14.4-acre remediation effort required under the Final Statement of Basis (FSB) issued by DEC in May 2013 regarding the cleanup of the FMC Corporation Middleport facility site.

The 2013 FSB requires the removal of arsenic contamination exceeding the 20 part per million soil cleanup objective from the Roy-Hart High School property. To date, approximately 8,000 cubic yards of material has been excavated from the school property by DEC due to FMC's refusal to implement the remedy. During phase two, DEC will excavate and remove approximately 900 cubic yards of arsenic-contaminated soil from the Roy-Hart High School inner courtyards and grass areas adjacent to the southwestern side of the high school during the summer of 2016.

DEC is currently working with the Royalton-Hartland Board of Education and school district officials to develop a construction schedule for all remaining soil remediation activities at the school.
Remedial work will also restart this month to complete the excavation and removal of arsenic-contaminated soil from three residential properties within the K and M Block areas as well as the remaining 28 residential properties within the K and M Block areas that have signed on to the project.
DEC and partnering contractors have worked closely with the Village Mayor and public works staff to coordinate this work on the K and M blocks. The DEC project team has also engaged in extensive outreach with residential property owners in this area and will continue these activities until the project is complete.

The FSB identifies a total of 182 properties in the Village of Middleport for cleanup and DEC will continue its cleanup activities until all impacted properties have been addressed, as required by the FSB. Any property owners within the K and M Blocks who have not already responded to DEC to schedule remediation of their properties are encouraged to contact Dave Chiusano at 518-402-9813 or

For comments from Bill Arnold, MCIG Chairman, click Read Full Aricle link below.

Posted by: BillA on May 07, 2016 - 11:20 PM  Read full article: 'DEC Announces activities for Summer 2016' (281 more words)

Issues related to the RCRA process
The Editorial Board of the Union Sun & Journal published out of Lockport, New York wrote an opinion on what is occurring at the Royalton-Hartland School in Middlport regarding the remediation of the school yard.

Lockport is the closest city to Middleport and its paper is considered the hometown newspaper.

To read the opinion click here.

Posted by: BillA on Mar 06, 2015 - 12:16 AM  

Issues related to the RCRA process
On Wednesday, March 4, 2015, the Royalton-Hartland School Board of Education voted 4-2 to approve the first phase of remediation of the school yard. Phase 1 will involve only the field hockey field in the south east section of the school behind the Junior High school. Work will begin the latter half of June.

Before the vote was taken most of the board members expressed concerns over the project. Board member Sandra Hoerner expressed concern for the cost and benefit. Jeffrey Waters wondered about the soil at the Gasport school and samples taken there. He asked why children at Gasport were less important than those in Middleport. Sara Fry was concerned over the timing and rush to make a decision to proceed. Daniel Bragg had the most concerns mentioning the rush to make a decision, the fact the EPA is no longer involved, the ongoing law suits between FMC and the Agencies and what happens when they are resolved and he did not like the arm twisting put on the Board by the State Education Department. He summed it up saying this is all being done just to grow some grass and mentioned Mr. Bruno Pacini who coached and spent more years than anybody on the athletic fields at the school but still plays a good game of golf today. Superintendent Dr. Klatt wants to be able to approve the work plan when it becomes available. Patricia Riegle sympathized with the concerns of the other board members but expressed her concern that if they did not approve the work, the State Education Department would not approve any emergency repairs or capital builds. The board has been told the school property is red flagged and the State Education Department would not approve such activity until the flag is removed.

In the end the vote was Riegle, Hoerner, Fry and Keith Bond voting yes to proceed, with Bragg and Waters voting no. Board member Kenneth Koch was absent from the meeting.

Posted by: BillA on Mar 06, 2015 - 12:04 AM  

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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.

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