Department of Environmental Conservation

D E C banner

FMC Corporation (Notice of Deadline of Petitions for Party Status and Issues Conference)



Applicant: FMC Corporation, 100 Niagara Street, Middleport, NY 14105 (FMC). NYSDEC Hazardous Waste Management Facility Permit Application No. 9-2936-00017/02004; EPA ID No. NYD002126845

Facility Description:The draft permit pertains to FMC's facility located at 100 Niagara Street in the Village of Middleport, Niagara County. The facility has three regulated surface impoundments that are addressed in the draft permit. The draft permit includes requirements, conditions and schedules for on and off-site corrective actions, the operation, maintenance and closure of on-site surface impoundments, and remediation of on and off-site operable units.

Previous Notices: The application and draft permit were the subject of a combined Notice of Complete Application, Notice of Availability of Draft Part 373 Permit, Notice of Public Comment Period, and Notice of Part 624 Legislative Public Hearing published in the Environmental Notice Bulletin and local newspapers on August 16, 2017 and announced on local radio stations on August 18, 2017. The August 16, 2017 notice provided further description of the permit application and regulatory provisions.

The legislative hearings to receive unsworn statements from the public on the application and draft permit were held on September 27, 2017 at 1:00 p.m. and 7:00 p.m. at the Middleport Fire Department, 28 Main Street, Middleport, New York. Written comments were received through October 20, 2017. The August 16, 2017 notice stated that the pre-adjudicatory issues conference would be held and a public notice of the issues conference would be published.

Issues Conference: The issues conference regarding the draft permit will be held at 9:00 a.m. on May 23, 2018 at the Middleport Fire Department, 28 Main Street, Middleport, New York. The issues conference will continue until adjourned by the administrative law judge. The purpose of the issues conference is to determine party status for any person who has properly filed a petition (as indicated below) and to define the scope of issues, if any, that require adjudication with regard to the draft permit issued by Department staff. Please note that participation at the issues conference is limited to Department staff, applicant, and those persons requesting party status. Following the issues conference, the participants will be advised of the ALJ's rulings as to issues and party status, and whether an adjudicatory hearing will be scheduled for a later date. The ALJ's determination whether to conduct an adjudicatory hearing shall be based on whether the parties raise questions of fact relating to the issues that require a hearing. Only those persons granted party status may participate in any adjudicatory hearing that is scheduled. If no petitions for party status are filed with respect to the issues, or if any filed objections are withdrawn and the issues are satisfactorily resolved before the issues conference, the conference will be canceled and no adjudicatory hearing will be held.

Filing for Party Status: Persons seeking to participate in the issues conference and any subsequent adjudicatory hearing must file a petition (a written statement) explaining whether the request is for full party status or amicus status. For the required contents of petitions for full party status, see 6 NYCRR 624.5(b)(1) and (2). To determine whether an issue is substantive see 6 NYCRR 624.4(c)(2), and to determine whether an issue is significant, see 6 NYCRR 624.4(c)(3). For the required contents of a petition for amicus status, see 6 NYCRR 624.5(b)(1) and (3).

ALL PETITIONS REQUESTING PARTY STATUS MUST BE RECEIVED AT DEC'S OFFICE OF HEARINGS AND MEDIATION SERVICES NO LATER THAN 3:00 P.M. ON APRIL 20, 2018. Address all petitions and responses to Michael S. Caruso, Administrative Law Judge, New York State Department of Environmental Conservation, Office of Hearings and Mediation Services, 625 Broadway, 1st Floor, Albany, New York, 12233-1550. At the same time and in the same manner that the petition is furnished to the ALJ, a copy of the petition must be furnished to counsel for Department staff: Benjamin Conlon, Esq., NYSDEC Office of General Council, 625 Broadway 12233-1500; and counsel for FMC: Rick W. Kennedy, Esq., Hodgson Russ, LLP, The Guaranty Building, 140 Pearl Street, Suite 100, Buffalo, New York 14202. Electronic filings and service by fax will not be accepted. Any questions about filing requirements or other hearing procedures may be addressed to ALJ Caruso by telephone at (518)-402-9003. In addition, DEC's hearing procedures may be found at Hearings and Mediation Services, Guide to Permit Hearings.

Document Availability: FMC's application, FMC documents that are incorporated into the draft permit by reference and the draft permit are available for review at the following locations during normal business hours:

  • DEC, Division of Environmental Remediation, 625 Broadway, 12th Floor, Albany, NY 12233-7017 (contact person: Deborah Gardell at (518) 402-9813);
  • DEC's Region 9 office, 270 Michigan Avenue, Buffalo, NY 14203-2915 (contact person: Michelle Woznick at (716) 851-7165); and,
  • Royalton Hartland Community Library, 9 S. Vernon Street, Middleport, New York.

Electronic copies of FMC's application and FMC documents that are incorporated into the draft permit by reference are available through the following web site:

Electronic copies of the DEC Fact Sheet, and the draft permit (including the modules and attachments), are available through the following web site:

Further information may be obtained by calling Deborah Gardell at (518) 402-9813.

James T. McClymonds
Chief Administrative Law Judge

February 7, 2018
Albany, New York

  • PDF Help
  • For help with PDFs on this page, please call 518-402-9003.
  • Contact for this Page
  • Office of Hearings and Mediation Services
    625 Broadway, 1st Floor
    Albany, New York 12233-1550
    Send us an email
  • This Page Covers
  • Page applies to all NYS regions