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Topic: Issues related to the RCRA process

The new items published under this topic are as follows.

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Issues related to the RCRA process
During December, 2017, FMC held a meeting to introduce their latest Remediation Project manager for the Middleport site. John Paul Rossi who was appointed earlier in the year accepted a job with his old company and left FMC. Nick Schapman is now the project manager. Nick is a construction engineer and had been involved in remediation work for FMC in West Virginia.

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  

Issues related to the RCRA process
FMC has submitted their Draft Corrective Measures Study Report for the Jeddo Creek tributary between Francis St. and Stone Rd. to the New York State Agencies.

To download the draft, go to the Document Repository and then the subcategory "CMS Reports".



Posted by: BillA on Jan 24, 2018 - 10:38 PM  

Issues related to the RCRA process
The comments submitted by FMC during the open comment period pertaining to the Hazardous Waste Management Permit written by the DEC is available in the Document Repository.

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  

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 David.Chiusano@dec.ny.gov.

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  

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