FMC Corporation remains committed to protecting human health and the environment and implementing an appropriate cleanup plan that minimizes disruption to the Village of Middleport, New York. FMC is ready to implement a cleanup plan under the Administrative Order on Consent (AOC, or agreement) among FMC, U.S. EPA, and New York State Department of Environmental Conservation, and reflective of the Village of Middleport community preferences. FMC has proposed a cleanup plan that incorporates community input. NYSDEC previously rejected that proposal and selected a different remedy.
After over a year of discussions where FMC advocated for flexibility and sought to understand how NYSDEC intends to implement their remedy, FMC has taken several actions to validate the process defined under the agreement and protect the company’s rights. The agreement has been the roadmap that has guided development of all of the remedial studies and action for the Village of Middleport for the past 23 years. FMC continues to perform its duties under the AOC.
FMC has filed a request for a Declaratory Judgment with U.S. District Court in Buffalo, New York, regarding FMC’s rights under the agreement. FMC stands firm in its belief that the AOC and its Notice of Dispute and Request for Resolution (NODRR) process are applicable in the remedial process as agreed in 1991. A favorable judgment would require the USEPA to review our dispute using the AOC NODRR process. As these steps now involve litigation we will no longer be able to provide comment.
Additionally, at the end of May, out of an abundance of caution, FMC filed a petition with New York State Supreme Court, Albany County, to challenge the NYSDEC’s ability to take steps outside of the AOC process to implement its remedy independently.
FMC continues to believe that the most appropriate avenue to resolve our differences regarding the remedy is the administrative process provided in the agreement.