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FMC Middleport Facility

Update: A draft Part 373 Hazardous Waste Management Facility Permit is now available for public review and comment. Copies of the draft permit, public notice, and permit fact sheet are accessible through the FMC Hazardous Waste Management Permit link found on the left side of this page.

FMC Corporation's Middleport Facility is a pesticide formulation and packaging plant that formerly manufactured arsenic-based and other pesticide products. As a result of past manufacturing operations and waste disposal practices beginning in the 1920s at this facility, chemical releases have occurred at the site that have affected sediment, surface water, soil, and groundwater at the facility's property and in adjacent off-site areas.

Site Location

Aerial view of FMC Middleport Facility
Aerial view of FMC Middleport Facility

The FMC Corporation Facility encompasses approximately 103 acres and is located in the southeast corner of the Village of Middleport in the Town of Royalton, Niagara County. It is surrounded by commercial properties to the south, agricultural properties to the east and residential properties to the north and west. The Royalton-Hartland (Roy-Hart) School is located immediately north of the site.

Corrective Actions to Address Environmental Contamination

Cleanup to address environmental contamination at this site is being addressed by DEC's Resource Conservation and Recovery (RCRA) Corrective Action and State Superfund programs, in cooperation with United States Environmental Protection Agency (EPA) and New York State Department of Health (DOH). These three cooperating agencies are referred to as "the Agencies" for convenience in project documents.

In May 2013, a final remedy was selected to clean up areas known as "Air Deposition Area #1" (referred to as Operable Unit [OU] #2 and #4) and "Culvert 105" (referred to as OU #5). The plan is fully described in the May 2013 Final Statement of Basis (PDF) (2.4 MB). The Final Statement of Basis presents the remedy selected to address FMC's arsenic contamination and reduce the risk associated with exposure to the contamination.

Arsenic is a natural component of soils, and there is some level of risk associated with exposure to arsenic even at natural (background) concentrations. Exposure to elevated levels of arsenic is known to cause cancer and other adverse health effects in humans. Once absorbed in the body, the arsenic (regardless of where it came from) poses an increased risk for arsenic-related health effects. For information regarding arsenic, its related health effects, and the levels associated with the clean-up efforts, see DOH's frequently asked questions and fact sheet on soil cleanup objectives on the FMC Middleport Project Documents Page.

K-Block and M-Block remediation areas
K-Block and M-Block remediation areas north of the FMC site and
west of the Royalton-Hartland School.

Public Involvement Opportunities

DEC has reviewed the Hazardous Waste Management Facility permit application submitted by FMC pertaining to the Middleport Hazardous Waste Management Facility located in the Village of Middleport, Niagara County. The application has been determined to be complete by DEC for purposes of further DEC review and public comment pursuant to 6 NYCRR 621.7.

Section 621.7 of 6 NYCRR provides the public with the opportunity to become involved in the regulatory process for FMC's project through the submission of written comments. Written comments concerning DEC's SEQRA determination, the permit application, and the conditions and terms of the draft permit may be mailed to Michelle Woznick, Environmental Analyst, NYSDEC Region 9, 270 Michigan Avenue, Buffalo, NY 14203-2915 or emailed to Ms. Woznick at DEP.R9@dec.ny.gov. Comments must be postmarked by October 20, 2017.

Additionally, two legislative/public comment hearings will be held pursuant to 6 NYCRR part 624 to hear and receive unsworn statements from the public concerning DEC's SEQRA determination, the permit application, and the conditions and terms of the draft permit. The hearings will be conducted by Administrative Law Judge (ALJ) Michael S. Caruso at the Middleport Fire Department, 28 Main Street, Middleport, New York on Wednesday, September 27, 2017, beginning at 1:00 p.m. and 7:00 p.m. All persons, organizations, corporations or government agencies that may be affected by the project are invited to attend the hearing and to submit oral or written comments regarding DEC's SEQRA determination, the permit application, and the conditions and terms of the draft permit.

For further information on the draft Hazardous Waste Management Permit, fact sheet and Public Statement Hearing go to the FMC Corporation - Hazardous Waste Management Permit page.

For More Information

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For more details regarding the status of remedial activities see the following pages below.


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