FMC and predecessor companies on the Middleport site, as part of their operations, handled and produced pesticide compounds containing arsenic starting in the late 1920’s and ending in 1974 – 11 years before FMC ceased manufacturing activities at the plant. In the course of these operations, there were air emissions and fugitive dusts containing arsenic that could have resulted in deposition of arsenic in some areas downwind. There were also possible releases to surface water through stormwater runoff or discharge of wastewater.
FMC has been engaged since the early 1970’s in studies and remedial actions to address arsenic from its past operations that impacted soils, surface water, and groundwater at the plant. Throughout this process, FMC has been committed to being accessible and helping the local community better understand the presence of arsenic in soil and providing data and health studies disproving any human health and safety issues.
In 2019, FMC entered into a new Order on Consent and Administrative Settlement with the New York State Department of Environmental Conservation (NYSDEC or the “Agency”) and with the approval of the U.S. Environmental Protection Agency (USEPA). This document is the framework for activities related to the remediation of on-site and off-site areas impacted by historical operations at the site in Middleport and to resolve other issues at the site.
Click here to access the 2019 Order on Consent and Administrative Settlement.
The 2019 Order on Consent establishes updated terms and conditions to guide the completion of the continued study, evaluation, and remediation, as needed, for all remaining on-site and off-site areas. NYSDEC continued to undertake environmental remedial work through the 2020 construction season, with FMC taking over the remediation work in 2021 and going forth.
FMC’s soil arsenic cleanup efforts were guided from 1991 to 2019 by an Administrative Order on Consent (AOC) cosigned by the “Regulatory Agencies” — USEPA, NYSDEC and the New York State Department of Health (NYSDOH). They are referred to as the “Regulatory Agencies” or the “Agencies” for actions taken by them prior to the 2019 Order on Consent.
During this period, FMC spent more than $200 million in remediation efforts in the Village of Middleport, including the development of RCRA Facility Investigations (RFI) and Corrective Measure Studies (CMS), and the conducting of more than six Interim Corrective Measures (ICMs) for cleanup involving the Royalton-Hartland School District property, residential properties on S. Vernon St., Maple and Park Avenues, the North Railroad Property, and residential lots on a proposed Village subdivision.
The AOC was issued pursuant to the U.S. Resource Conservation and Recovery Act (RCRA) of 1976, as amended by the Hazardous and Solid Waste Amendments of 1984.
Throughout this effort, FMC has worked closely with Middleport Village, Federal, State and School District officials, the Middleport Community Advisory Panel (CAP) and the Middleport Community Input Group (MCIG).
FMC has also operated for more than a decade a Community Office in the Village of Middleport for residents to visit to ask questions and obtain information on the remediation program. Also located in the Community Office at 8 S. Vernon St. is the voluntary FMC Home Value Assurance Program, designed to promote the marketability of eligible homes in the Village.
Summaries and documents for all recent, past and completed remediation construction projects and plans can be accessed under Document Repository.
According to the 2019 Order on Consent, the on-site and off-site areas have been divided into 11 Operable Units (OUs). FMC will continue to maintain interim corrective measures previously implemented, as well as the corresponding operation, maintenance, and monitoring measures.
For the most-to-date status on studies and remediation work, please click on the individual Operable Units below: