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Category: Update

The news items published under this category are as follows.
Issues related to the RCRA process
The DEC published its plans for remediation at the Royalton-Hartland School for Phase 6 in 2020. This will be the final phase for work at the school. Most areas effected are parking lots and driveways which will be milled and repaved. There will be some areas along State St. and the old tennis courts where soil will be removed and replaced.

To view the DEC release click here. The areas where work will be done are highlighted.



Posted by: BillA on Apr 29, 2020 - 06:38 PM  

Issues related to the RCRA process
The NYS DEC has announced their plans for continuing the arsenic cleanup in Middleport. 2020 will be the sixth and probably final planned season of remediation to be performed in the Air Deposition Area. Work is scheduled to begin this month (April).

The areas to be worked on will be:

  1. Residential properties along both sides of State Street between William and Robertson Streets.

  2. Properties on William and Washington Streets.

  3. Properties on north side of State St. including and west of The HUB that have the under ground Culvert 105 passing through.

  4. The residential property on Route 31E east of the village at the Niagara/Orleans County line.

  5. The residential property at 85 South Main St. (a new owner has opted to have the cleanup done).

  6. A strip of land along the north side of the railroad tracks between Main and Vernon.

  7. The National Grid property at the corner of Vernon and South.

  8. An area in front of the Middle School.

  9. The parking lot between the Middle and High School.

  10. An area south of the old tennis courts on Alfred St. (may included the old maintenance house).

  11. Finishing of work on some properties not completed during the 2019 effort.


Not all the properties along State St. and its side streets will be remediated. A number of them have “No further action required” status and a few will be refusals. No properties on Robertson St will be remediated including those on the corners of State and Robertson (no further action). There are approximately 28 properties to be done.

Work will be performed on weekdays although, as in the past, Saturdays may be used if work falls behind.

As stated, this effort should complete the work in the Air Deposition Area. The areas yet to be remediated are the Tributary between Francis St. and the canal, followed by the tributary from the canal to Pearson Rd, then on to Jeddo and Johnson Creeks in the town of Yates. Also the Culvert from Sleeper St. north will need to be done. All this work will be engineered by FMC with DEC oversight where the work in the Air Deposition Area was done without FMC involvement. However per the new AOC, FMC will pay the estimated more than 51 million dollars spent by the DEC out of the state superfund to do the last six years of cleanup.

To view the DEC announcement concerning residential claenup for 2020 click here. The announcement includes a map of the area with the properties to be remediated shaded in yellow.



Posted by: BillA on Apr 11, 2020 - 03:51 PM  

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  

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