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Friday, January 9, 2015
BY SCOTT LEFFLER
scott.leffler@eastniagarapost.com
MIDDLEPORT — The New York State Department of Environmental Conservation will proceed with a plan to clean up some properties near the FMC plant, although the FMC Corporation opposes the plan the DEC has chosen.
The DEC states in a January Fact Sheet that " A phased approach will be implemented in order to minimize disruption to the community, with only a limited area initially targeted for cleanup. Additional properties and/or blocks will be addressed in the future."
FMC says the DEC plan goes too far and will disturb more properties than need be disturbed, however, the DEC states "No cleanup work will be undertaken unless the property owner signs an access agreement with DEC allowing the work to be performed."
Additionally, the DEC Fact Sheet states: "Areas that are disturbed during the clean-up will be restored to pre-removal conditions agreed to with the property owner. Property-speci c features (i.e., lawns, sidewalks, driveways, garden beds, above ground pools, sheds, decks, etc.) removed by the remedial activities will be replaced in-kind, to the extent practicable, in consultation with the property owner. Trees and plantings will be replaced with similar trees/plants normally stocked in local nurseries, again in consultation with the property owner. Restoration of property-speci c features will be performed in accordance with work scopes
agreed to by the property owner and DEC. Any roads, utilities, or areas a ected by the construction activities will be repaired or replaced in-kind."
FMC has suggested an alternate plan that is says would "create less disruption to the community," which it states it is willing to implement.
The DEC Fact Sheet can be found here, while the FMC statement is posted below in its entirety.
scott.leffler@eastniagarapost.com
The DEC states in a January Fact Sheet that " A phased approach will be implemented in order to minimize disruption to the community, with only a limited area initially targeted for cleanup. Additional properties and/or blocks will be addressed in the future."
FMC says the DEC plan goes too far and will disturb more properties than need be disturbed, however, the DEC states "No cleanup work will be undertaken unless the property owner signs an access agreement with DEC allowing the work to be performed."
Additionally, the DEC Fact Sheet states: "Areas that are disturbed during the clean-up will be restored to pre-removal conditions agreed to with the property owner. Property-speci c features (i.e., lawns, sidewalks, driveways, garden beds, above ground pools, sheds, decks, etc.) removed by the remedial activities will be replaced in-kind, to the extent practicable, in consultation with the property owner. Trees and plantings will be replaced with similar trees/plants normally stocked in local nurseries, again in consultation with the property owner. Restoration of property-speci c features will be performed in accordance with work scopes
agreed to by the property owner and DEC. Any roads, utilities, or areas a ected by the construction activities will be repaired or replaced in-kind."
FMC has suggested an alternate plan that is says would "create less disruption to the community," which it states it is willing to implement.
The DEC Fact Sheet can be found here, while the FMC statement is posted below in its entirety.
The New York State Department of Environmental Conservation (NYSDEC) has announced plans to implement its Corrective Measure Alternative remedy (CMA 9), using State funds, on residential properties in the historic Air Deposition 1 and Culvert 105 Study Areas in the Village of Middleport. FMC will not participate in this phase of the remediation and does not support NYSDEC’s unilateral action.
The NYSDEC remedy involves the removal of vegetation, excavation and replacement of soils, and restoration of some foliage at residential properties in the Village of Middleport.
FMC recommends implementation of CMA 3, a remediation that would satisfy NYSDEC’s stated objectives and create less disruption to the community than NYSDEC’s CMA 9. FMC remains willing to implement CMA 3. CMA 3 was recommended by FMC with community support and is also representative of FMC’s long-standing commitment to protect human health, safety, and the environment.
The principal difference between CMA 3 and CMA 9 is the amount of disruption and intrusion CMA 9 will cause over CMA 3. Studies show NYSDEC’s CMA 9 will provide no meaningful public health benefit over CMA 3, while its construction work and increased truck traffic will be more disruptive to the community. FMC remains ready to implement CMA 3 in the Village of Middleport, which would negate the need for NYSDEC to seek State funds to implement CMA 9.
Eight remediation alternatives were developed under an Administrative Order on Consent (AOC) that has guided the investigation and development of Middleport remedial plans for 23 years. NYSDEC, however, selected a ninth alternative that does not comply with the AOC. Therefore, FMC entered into litigation with NYSDEC and the United States Environmental Protection Agency over NYSDEC’s failure to follow the AOC. Those lawsuits are ongoing and have not yet been resolved. FMC is disappointed that NYSDEC is moving forward with remediation while FMC and NYSDEC are in litigation over the level of remediation that NYSDEC now intends to impose on the community.
FMC representatives are available to talk to residents affected by NYSDEC’s actions at FMC’s Community Office at 8 South Vernon Street in Middleport. However, FMC will not be conducting this remediation and all specific questions on the remediation work will be referred to NYSDEC.
About FMC
FMC’s Agricultural Solutions facility in Middleport formulates and packages a number of key product lines to protect over 100 crops in more than 75 countries worldwide.
Plant operations date back to 1904 with FMC acquiring operations in 1943. Safety is a core value at FMC and affects virtually everything we do as a company. For more information, visit http://www.fmc-middleport.com.
FMC Corporation is a diversified chemical company serving agricultural, industrial, environmental, and consumer markets globally for more than a century with innovative solutions, applications and quality products. The company employs approximately 5,600 people throughout the world, and operates its businesses in three segments: FMC Agricultural Solutions, FMC Health and Nutrition, and FMC Minerals. For more information, visit www.FMC.com.
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