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Village of Middleport
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
No comments were made in either afternoon or evening sessions.
Written comments may be sent in to the DEC but must be received by October 20, 2017.
Posted by: BillA on Sep 30, 2017 - 12:09 AM
The company believes this is an attempt to circumvent the Administrative Order of Consent (AOC) established between FMC and the government agencies in 1991. It should be noted that this order expired several years ago and the parties have been unable to agree on a new consent order.
FMC evidentally wishes to continue operating under to old order until a new one is agreed to.
Posted by: BillA on Sep 03, 2017 - 10:54 PM
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 DEP.R9@dec.ny.gov.
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
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 (middleport-future.com) 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
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:
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
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
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
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
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.
CIG Mission Statement
To download a copy of the CIG's Mission Statement click here.
New Member Materials
The CIG Brochure
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