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.
