This last phase of remediation, where subject material remains above unrestricted standards, begins with the completion of construction activities.
Interim Site Management Plan (ISMP)
The ISMP is intended to address all soil management issues until the remedy is fully implemented and will terminate once all properties where access was granted are remediated and a Department-approved SMP is in place.
In July 2020, an ISMP was established for OU3 (with the exception of Section 1.6 Notifications which remains in draft form). The ISMP defines the inspection, reporting, and investigation requirements for OU3 and includes procedures for handling and disposing contaminated material. If Subject Material is encountered during a capital improvement project, Corning Incorporated Corning Painted Post School District, Corning Christian Academy, and the City Corning must adhere to the ISMP and the Excavation Work Plan (Appendix B) to ensure the public and worker safety during investigation, delineation, removal, and restoration efforts. Furthermore, this ISMP will ensure a cover system is in place to prevent contact with subject material.
For the Study Area, an ISMP is required during pre-design, design and remedial activities that are consistent with site management for properties (including rights of way and utility corridors). An ISMP for OU1, 2, and 5 was established in February 2019 (with the exception of Section 1.6 Notifications and Appendix B Section 2 Notifications, which remain in draft form).
Site Management Plan (SMP)
For the Study Area, an SMP will be submitted in order to manage subject material remaining at the site, and any engineering controls installed as part of the remedy. The document will include:
- An Institutional and Engineering Control Plan that identifies all use restrictions and controls for the area of concern, and details the steps and requirements to ensure the following institutional and/or engineering controls remain in place and effective. It requires Corning Incorporated to submit to DEC periodic reviews and certification of institutional and engineering controls.
- Institutional Controls: Are a non-physical means of enforcing a restriction on the use of property that restricts land use (residential, commercial, industrial), restricts use of groundwater, or provides notice to the public of site management provisions which prevent interference with the effectiveness of a remedial program. An Environmental Easement is to be placed on the Corning Christian Academy, Corning Painted-Post High School and Memorial Stadium. ICs in OUs 1, 2 and 5 include any voluntary agreements between Corning Incorporated and property owners for access and provisions to enable the installation/maintenance of cover systems, management of remaining contamination, excavation, inspections, sampling, and/or any other requisite activities.
- Engineering Controls: Are any physical barriers to actively or passively contain, stabilize, restrict the movement of contamination, or eliminate potential exposure pathways. In the case of OUs 1, 2 and 5, a two-foot soil cover is required to allow for residential use of the property, and constitutes an engineering control. The cover will consist either of the structures such as buildings, pavement, sidewalks, etc., or a soil cover in areas where soils which exceed the applicable soil cleanup objectives (SCOs) or target fill (will remain below two feet). In the case of the CPP High School, a one-foot cover is required.
- A Monitoring Plan to assess the performance and effectiveness of the remedy. The plan includes, but may not be limited to:
- monitoring of groundwater to assess the performance and effectiveness of the remedy
- a schedule of monitoring and frequency of submittals to DEC
- an annual visual inspection of properties to ensure that controls remain in place and effective
- An Excavation Plan, which details the provisions for management of future excavations, including a provision to allow a homeowner to dispose of inconsequential amounts of ash, brick and glass in household garbage.
- Assessments of effectiveness and protectiveness of the remedy.
- The Site Management Plan also includes provisions, such as
- Further investigation to refine the nature and extent of contamination/remediation in areas where access has not been previously granted, and on properties where future excavations occur at depths greater than that remediated under the selected remedy or where unexpected target fill is encountered regardless of depth.
- Management and inspection of the identified engineering controls, including within right-of-way areas.
- Tracking property onership changes to allow for continued communication with owners.
- Annual notifications and reminders from Corning Incorporated:
- To property owners, notifying of Corning Incorporated's offer to implement the remedy for owners who decline remedy implementation/sampling for a period of five years after the completion of the work (on properties where access was provided to Corning Incorporated for investigation and/or remediation).
- To new property owners, notifying of Corning Incorporated's offer to implement the remedy for new owners for a period of two years following the change in ownership. This provision to notify new property owners will run for a period of fifteen years after the completion of the work on all properties where access was provided to Corning Incorporated for investigation and/or remediation.
- To property owners with post-remedy remaining soil contamination (a reminder of the presence of such remaining contamination and of Corning Incorporated's commitment to handle remaining contaminated soils, as necessary and in accordance with the intended use of the property).
- To the City and Town of Corning Code Enforcement Offices and Departments of Planning and Economic Development (a reminder to inform Corning Incorporated of building permits/approvals granted for properties within the area where contamination remains post remedy).
- To the City of Corning, Town of Corning, and/or Steuben County (a reminder to inform Corning Incorporated of any City/County plans to conduct soil disturbance work).