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Middleport Community

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Information from FMC

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
On May 1, 2014, FMC filed a notice of formal dispute regarding the recommended cleanup remedy for the Air deposition Area and Culvert 105 in Middleport, seeking a USEPA review of the NYSDEC/NYSDOH remedy.

The USEPA has withdrawn from the negotiations concerning the Air Deposition Area and Culvert 105 only being involved for informational purposes. This request by FMC is an attempt to bring the EPA in for a review under the current contract FMC has with the Agencies under the past consent decree. This project is still under the guidelines of a federal RCRA program even if the State is making the decisions.

FMC has spent the past year in discussions with the New York State Agencies trying to understand how the parameter “flexibility” will be incorporated into the remedy. After these discussions it has been concluded there is no flexibility and we are actually back to CMA-2, everything above 20 PPM would be remediated.

Some of the factors FMC plans to dispute are:
  1. The use of 20 PPM as a maximum instead of an average of 20 per property.

  2. The calculation method used for the Middleport background using sampling from Gasport.

  3. The lack of adherence to federal guidelines in some instances.

  4. The ignoring of public comments by the Agencies.

  5. The lack of use of a site based risk assessment as specified in the Cleanup Objectives and instead using background as a maximum.

  6. The selection of land use for cleanup objectives where the assumed land use is not the current use of the property.

The dispute procedure should begin in 30 days and could take a year or so to resolve. Our state elected officials will endorse FMC's dispute.

Click Read Full Article below for more.

Posted by: BillA on May 03, 2014 - 12:00 AM  Read full article: 'FMC Files Notice of Dispute ' (138 more words)

Issues related to the RCRA process
The USEPA and the NYSDEC have made available the RFI Report concerning the former FMC property located near the corner of Route 31 (Rochester Rd.) and Vernon St. known as the Former FMC R&D Facility. This property has been used for commercial purposes and is privately owned, not by FMC

The RFI report, Volume III, documents the results of environmental investigations (soil sampling and analysis) that has been conducted on since 1973. Click here to download and review this document.

The USEPA and the NYSDEC will open a comment period for anyone to submit written comments concerning the RFI report from March 3 to April 2, 2014. Only written comments are requested and it does not appear there will be an open comment session in Middleport.

Written comments should be mailed to:
Michael Infurna
EPA Project manager
290 Broadway
New York, New York 10007-1866


In addition to the EPA/DEC study, Niagara County Department of Economic Development retained a consultant to perform a Phase II Environmental Site Assessment (ESA) at the property. A Phase I Environmental Site Assessment was performed in 2007. The phase II study was conducted to identify the level of environmental contamination and to determine feasibility of remediation and redevelopment. The EPA/DEC study looked only at soils at the site, however the Niagara County ESA sampled soils and groundwater. Also an inventory of remaining containers and materials in and out of containers was performed along with an asbestos and lead-based paint survey of the existing buildings

Posted by: BillA on Mar 03, 2014 - 07:14 PM  

Issues related to the RCRA process
Senator Maziarz and Assembly Woman Corwin submitted a guest view to the Lockport Union Sun & Journal which appeared in the Thursday, September 26, 2013 edition. It may also have appeared in other local newspapers such as the Medina Journal-Register.

The view is in support of a less drastic approach to remediation in Middleport and suggests the only person who can change the remedy decision made by the DOH/DEC is Governor Cuomo.

Click here to read the guest view.

Posted by: BillA on Sep 27, 2013 - 12:34 AM  

Issues related to the RCRA process
Senator Maziarz and Assemblywoman Corwin have written a letter to Governor Cuomo expressing their disappointment in the DEC decision directing the Air Deposition Area of Middleport and properties bordering Culvert 105 be remediated as prescribe in their Final Statement of Basis where CMA-9 was the selected remedy.

The Senator and Assemblywoman asked the Governor to work with them for a more acceptable solution for the community.

To view the letter, click here.

Posted by: BillA on Jun 27, 2013 - 11:45 PM  

Issues related to the RCRA process
The Agencies have released their Final Statement of Basis regarding cleanup of the Air Deposition Area of Middleport and along Culvert 105. To review the document click here.

The responses to comments submitted to the Agencies during the public comment period last summer has also been released. To view these responses click here.

To review the Announcement from the Agencies click here.

Posted by: BillA on May 29, 2013 - 12:24 PM  

Information and news about the CIG
The notes taken during the MCIG meeting on August 22, 2012 are available in the Document Repository: Meeting Materials/CIG Meeting Notes.

Click here to download the file in PDF format.

Click the Read Full Article link below to read the notes with your broswer.

Posted by: Wally on Oct 19, 2012 - 04:26 PM  Read full article: 'August 22, 2012 Meeting Notes Available' (3047 more words)

Discussion related to community issues
Our elected officials have written letters to the Agencies and Governor Cuomo on our behalf.

To read the letter from State Senator George Maziarz click here.

To read the letter from Assemblywoman Jane Corwin which was also cosigned by Senator Maziarz click here.

To read Congresswoman Kathy Hochul's first letter click here.

To read Congresswoman Kathy Hochul's second letter click here.

Posted by: BillA on Aug 30, 2012 - 12:01 PM  

Discussion related to community issues
For a look at South Vernon Street as it looked after the 2003 remediation and as it looked before the remediation click here.

The first two images show South Vernon as it looked on September, 2003. The first looking north from near Niagara St. and the second looking south from South St.

The third and forth images show how the street looked from the same vantage points on August 8, 2003.

Posted by: BillA on Aug 27, 2012 - 12:36 PM  

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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

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