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. The NYSDEC’s fact sheet can be viewed here. 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.