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FMC Middleport - News & Updates

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Current Status

Update: August 16, 2017
A draft Part 373 Hazardous Waste Management Facility Permit is now available for public review and comment. FMC's application for this permit has been determined to be complete and the New York State Department of Environmental Conservation (DEC) has drafted a permit in response to FMC's application. Copies of the draft permit, public notice and permit fact sheet are accessible through the FMC Corporation - Hazardous Waste Management Permit page. All comments must be postmarked by October 20, 2017.

Update: March 30, 2017
Roy Hart School Remediation: Phase 3 of the soil remediation at the Royalton-Hartland (Roy-Hart) school property is scheduled to begin in May 2017. The remediation continues to be conducted by New York State Department of Environmental Conservation (DEC) at no cost to the Roy-Hart School District. DEC, working with the Roy-Hart Board of Education and school district, have reached an agreement on work that can be completed during the Summer 2017 Construction Season that will
minimize disruption of school activities. DEC will excavation and remove approximately 18,000 cubic yards of soil from a central area between the high school and middle school, including the two softball fields. Restoration activities will continue through Fall 2017.

Air Deposition Area #1: Phase 3 of the soil remediation effort for the Residential Blocks affected by FMC contamination in the Village of Middleport, Niagara County is scheduled to begin in April 2017. Remedial work will include excavation and removal of arsenic contaminated soil of at least 34 properties located on the north side of Freeman Ave and along South Vernon Street, between the railroad tracks and route 31. All properties that are subject to cleanup will be restored to pre-existing conditions, in consultation with each property owner. The Phase 3 work will also include the landscaping and restoration of properties where remediation was completed during 2016, but final restoration could not be completed before winter. DEC and partnering contractors continue to work closely with the Village Mayor and public works staff to coordinate work in the Village. DEC project team remains committed to engage in extensive outreach with residential property owner in the Air Deposition Area.

As like 2016 construction season, work and equipment will take place five days per week (Monday - Friday), generally between the hours of 7:00 a.m. and 5:00 p.m. The cleanup activities with be performed by National Vacuum Environmental Services Corporation of Niagara Falls, New York and by Groundwater and Environmental Services, Inc. of Cheektowaga, New York with full-time oversight and inspection by DEC. Full time air monitoring will continue to be employed as per the Community Air Monitoring Plan, to provide protection for the nearby community during remedial activities.

Update: May 6, 2016
Roy Hart School Remediation: Phase two of the soil remediation effort will begin on June 27 on the grounds of the Royalton-Hartland (Roy-Hart) High School. During phase two (summer of 2016), 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. DEC is 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.

Air Deposition Area #1: Phase two of the soil remediation effort for the K and M Blocks in the Village of Middleport, Niagara County began May 3rd. Remedial work will include excavation and removal of arsenic-contaminated soil of at least 29 properties and the restoration of those properties. 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.

Work and equipment operation will take place five days per week (Monday - Friday), generally between the hours of 7:00 a.m. and 5:00 p.m. The cleanup activities will be performed by National Vacuum Environmental Services Corporation of Niagara Falls, New York, with full-time oversight and inspection provided by DEC. In addition, a Property-Specific Safety Plan and a Community Air Monitoring Plan have been prepared and reviewed to provide protection for on-site workers and the nearby community during remedial activities. A copy of these plans have been placed onto DEC's project web page and into the document repository.

Update: September 22, 2015
Air Deposition Area #1: DEC will conduct remedial and restoration activities involving the removal and offsite disposal of arsenic contaminated soils from up to four residential properties in the Village of Middleport, beginning fall 2015.

The current remedial work is scheduled to start in late September and continue through mid-November 2015 weather permitting, and pending final agreement with property owners and securing all local permits. Work and equipment operation will take place five days per week (Monday - Friday) generally between 7:30 a.m. and 6:00 p.m. The cleanup activities will be performed by National Vacuum Environmental Services Corporation of Niagara Falls, New York, with full time oversight and inspection provided by DEC. In addition, a Municipal Infrastructure Protection and Restoration Plan (6 page PDF, 535 KB), for the work has been prepared and reviewed to ensure that on-site workers and the nearby community are protected during these activities. A copy of that plan has been placed onto the DEC project web page and into the document repository.

For further information see the October 2015 Fact Sheet (4 page PDF, 684 KB) describing the cleanup in more detail.

Update: September 1, 2015
Roy Hart School Remediation: DEC received final excavation confirmation samples today and the remedial excavation work at the FMC Roy-Hart Phase 1 area is complete. Over 11,000 cubic yards of material were removed from the 2.6 acre area. Backfilling is progressing and final restoration is on track for the end of September. At the request of the School District, indoor air particulate samples were collected for arsenic analysis the week of August 24th. The results from the first set of samples were received today are non-detect for both dust particulates and arsenic. The final set of results are due Thursday September 3rd. Upon receipt of the final sample results, a letter will be sent to the school with all the results. The next School Board meeting is scheduled for September 17th.

Update June 11, 2015
Roy Hart Soil Sampling and Remediation: In February 2015, DEC staff presented to the Roy-Hart Board of Education the Phase 1 remediation plan for the Roy Hart Junior and High School campus in Middleport. Phase 1 consists of excavation and restoration of approximately 2.6 acres arsenic contaminated soil in the southeastern portion of the school property. The Board of Education approved the remedial action plan in May 2015. DEC is targeting to complete the first phase of cleanup during the summer of 2015. Construction activities are scheduled to begin the week of June 15, 2015. For more information see May 2015 Fact Sheet.

Air Deposition Area #1: In spring 2015, 28 properties in Air Deposition Area #1 were resampled by DEC to complete the delineation of contaminated soils. DEC is drafting preliminary excavation and restoration plans to present to each property owner for approval. The primary goal of the planned work is to fully clean each parcel so that the owner will receive a No Further Action (NFA) determination from DEC, in consultation with the New York State Department of Health (DOH). An NFA determination means that the property has been cleaned in conformance with the Final Statement of Basis and no more work will be required. DEC and DOH will work closely with each property owner to address concerns related to preservation of property features such as mature trees and plantings that are significant to the property owner.

The remedial action will be designed, planned and implemented in a manner that will:

  • Include public outreach activities and public participation opportunities,
  • Maximize the safety of the public and project workers,
  • Minimize disturbance and disruption to the community, and
  • Maintain the character and quality of life in the affected areas of the community.

Update: April 2, 2015
Roy Hart Soil Sampling and Remediation: In February 2015, DEC staff presented to the Roy-Hart Board of Education the Phase 1 remediation plan for the Roy Hart Junior and High School campus in Middleport. DEC is waiting for final approval from the school board to finalize the remedial design and commence cleanup. DEC is targeting to complete the first phase of cleanup during the summer of 2015. Additional soil sampling is occurring in April 2015.

Background: In May 2013 DEC, in consultation with New York State Department of Health (DOH), issued a "Final Statement of Basis" that set forth the decision made regarding the cleanup of the Roy Hart School and a number of other mostly residential properties (~180) that are north, west and east of the FMC property in the Village of Middletown. That decision document indicated that soil contaminated above the site-specific cleanup level for arsenic of 20 parts per million (ppm) is targeted be cleaned up, with flexibility. After DEC issued the document negotiations were initiated with FMC, the responsible party. DEC attempted to reach agreement on predesign sampling and remediation of the school property. FMC refused to do that work. Consequently, DEC will use State Superfund money to perform the remediation. New York State will be paying for the remediation; there will be no cost to the school district. The predesign sampling was completed in August 2014. Parents of children at Roy-Hart School and School Board members seeking additional information are encouraged to contact DEC staff, either Sally Dewes or Heidi Dudek, at 888-212-9586. Health related questions can be answered by Stephanie Selmer at DOH at 518-402-7860.

Update: April 2015
Air Deposition Area #1: In May 2013 a final remedy was selected to clean up a portion of those areas (known as Operable Unit Nos. 2, 4, and 5). This plan is fully described in the Final Statement of Basis (FSB). FMC has not agreed to implement the remedy described in the FSB and has challenged the decision in court. Consequently, New York State is implementing the remedial actions described in the FSB using the State Superfund. DEC is developing plans to start the cleanup of several blocks in the Village. A phased approach is being implemented in order to minimize disruption to the community, with only a limited area initially targeted for cleanup. DEC has been contacting individual property owners since January 2015 whose property is designated to be completed in 2015. With the owners' written permission, DEC will be collecting soil samples, surveying, and inspecting the property in preparation for preparing a parcel specific design. With this information, DEC will present a remedial plan to each individual homeowner that will allow the attainment of the remedial goal. The remedial plan will also include a plan for restoring the property. After the State and the property owner agree on a plan DEC will implement the scope of work that has been approved.

Old Mill Mobile Home Park: In September 2014, DEC directed FMC to consider interim remedial options for the mobile home park based on the residential use of the property and soil samples showing elevated arsenic levels. Representatives from FMC, DEC, and DOH spoke with Old Mill Mobile Home Park residents on November 13, 2014 about DEC's direction to FMC at the mobile home park, including FMC's review of possible scenarios for addressing contaminated soil at the property. In February 2015, Ogden Holding Co. Inc., the owner of the Old Mill Mobile Home Park (OMMHP) in Middleport, NY, announced its intention to close the mobile home park and to sell the property to FMC Corporation. This decision was made after extensive discussions between FMC and Ogden Holding, in light of DEC request that FMC evaluate possible options for cleanup of the property. FMC also announced that it will be providing financial assistance to relocate park residents.


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