On February 17, 2021, the New York State Department of Environmental Conservation (NYSDEC) released its Final Statement of Basis addressing conditions in Suspected Air Deposition Study Area 2 (Air Deposition Area 2), also known as Operable Unit 3 (OU3) in the Middleport Environmental Remediation Program. All work in OU3 is subject to a 2019 Order on Consent entered into with the NYSDEC, which guides the completion of the continued study, evaluation, and remediation, as needed, for all remaining on-site and off-site study areas.
You can view the Final Statement of Basis here. You can also click on the following to access FMC’s RCRA Facility Investigation (RFI) Report Volume X for OU3 submitted in 2012 and the draft Corrective Measures Study (CMS) report for OU3, dated September 2015.
Air Deposition Area 2 consists of portions of six properties located north of the Erie Canal and east of the Niagara/Orleans county line, beyond Air Deposition Area 1 (OU2). The properties include agricultural fields, wooded land, portions of the New York State Erie Canal embankments, portions of active railroad property and powerline corridor.
In the Final Statement of Basis, NYSDEC has proposed a remediation alternative that meets the site-specific cleanup goal of 20 parts-per-million (ppm), with flexibility, for arsenic in soil. The alternative also includes a provision allowing, on a case-by-case basis, to supplement or replace excavation with in-place soil tilling/blending for residential and non-residential properties greater than 5 acres.
Additional information is provided in the NYSDEC Fact Sheet. FMC continues to work cooperatively with NYSDEC in complying with the requirements of the 2019 Order on Consent, which includes the terms and conditions to guiding the completion of the continued study, evaluation, and remediation, as needed, for all remaining on-site and off-site areas. FMC took over remediation work in 2021 under the 2019 Order on Consent.
Residents who have any questions can also contact Jessica Heideman, FMC’s Community Liaison, at 716-735-9769, or visit her at the FMC Community Office at 8 S. Vernon Street in Middleport. Walk-in hours are 9 a.m. to 2 p.m. on Mondays, Tuesdays and Thursdays. Other times are available by appointment. All COVID-19 protocols are followed.