The DEC has released a Preliminary Statement of Basis describing their remedy for the contamination in area termed Operational Unit 3. This area consists of farm fields, woods and canal banks mostly east of the Village of Middleport.
These lands are divided into several areas:
- R2a: the northern canal bank including the tow path from opposite the end of William St. east.
- R2b and R2c: parts of farm fields north of the canal.
- R2d: part of a farm field east of the Niagara/Orleans County line and south of Route 31E
- R2e: a small abandoned wooded area east of the county line just north of the Falls Road Railroad.
- R2f: wooded area east of the county line north of Route 31 to the railroad
- By order, the south canal bank has also been added but not to include the farm field south of the canal.
Refer to the last pages of the Preliminary Statement of Basis for a pictorial layout of these areas.
A summary of the contamination levels is:
- R2a: 13 sample points, highest is 49.3 PPM at 6-9 feet deep, 10 sample points have levels above 20 PPM.
- R2b: 7 sample points, highest is 24.7 PPM, at 6-9 feet, 2 other sample point have levels above 20 PPM.
- R2c: 6 sample points, highest 26.1 PPM at 6-9 feet, one other sample point had a level above 20 PPM.
- R2d: 10 sample points, highest is 20.3 PPM at 3-6 feet, no other samples above 20 PPM.
- R2e: 2 total points, both above 30 PPM at 0-3 feet and above 25 PPM at 3-6 feet
- R2f: 16 total points, highest is 36.1 PPM at 0-3 feet, 7 other points have samples above 20 PPM.
- There is no sample data at this time for the southern canal bank.
FMC had proposed two remedies:
- No further remediation
- Remediate to an expected land use of agricultural/commercial/railroad/industrial: 40 PPM average, 80 PPM highest.
Since the current known levels in these areas are currently under 40 PPM avg, 80 PPM high, no further action by FMC would have been required.
The DEC objected to both solutions and is requiring FMC clean up to a standard of 20 PPM avg and 40 PPM highest which would establish a land use of residential and no restrictions. The cost of this remedy is estimated to be $14.5 million.
This is land that is not accessible by roads as the areas to be remediated are set back from the nearest highways (31 and 31E) or are not near a road at all. It is hard be believe they will ever be anything but farm or unused land.
The DEC is accepting comments on the PSOB until November 16, 2020, which should be sent to:
Nathan Freeman - NYS DEC Project Engineer
Division of Environmental Remediation
NYSDEC
625 Broadway, 12th Floor
Albany, NY 12233-7255
(518)402-9767
E-mail: Nathan.Freeman@dec.ny.gov
To download the Preliminary Statement of Basis
click here [3].
To download the DEC fact sheet
click here [4].
