A Property Owner's Guide to Work in the Houghton Plot

This site provides a summary of the  Site Management Plan (SMP)  that describes the ongoing and planned work throughout Corning and highlights information especially relevant to property owners. You can view the entire document online at the link above. Please note that this is an extremely large file and may take several minutes to upload to your computer for viewing. You can also review the document in person at the DEC Region 8 office, at the Southeast Steuben County Library, or Corning Incorporated.

The primary types of industrial wastes that have been identified throughout the Corning area are referred to as ABG because it consists of ash, brick, and glass. These materials are of concern to the DEC because they represent a potential human health hazard. If you observe ABG on your property or elsewhere in the area, please do not disturb the material and contact the DEC immediately. 

Contact Information

[email protected]

Thoren Giannuzzi, DEC Project Manager
(518)402-8246
[email protected]

Scott Williams, DEC Construction Inspector
(585)773-8034
[email protected]

Corning Incorporated
(866)256-1902
[email protected]

What is ABG?

ABG waste is usually uncompacted and loose and can appear both concentrated in layers and distributed sporadically throughout the soil column.

Ash: colors vary and may include black, gray, orange, and white.

Brick: types include red construction brick, white or yellow refractory brick, and puzzle-piece brick.

Glass: highly variable and may include glass cullet (fragments indiscernible from a finished product), tubing, lenses, electrical ware, uranium glass (yellow, yellow-green, or green cullet that fluoresces green under ultraviolet light), and trademarked/patented products (embossed with “Pyrex,”“Corningware,” or other trademarks or patent numbers).

A comprehensive identification manual (PDF) is available on the DEC website to help property owners and other stakeholders determine if they are encountering exposed ABG.

Why is This Material Being Removed?

Samples of the ABG waste material have been found to contain amounts of arsenic, barium, chromium, mercury, lead, and cadmium above soil cleanup objectives (SCOs) and sometimes at levels which would classify the materials a hazardous waste.

What are SCOs?

Soil cleanup objectives are contaminant-specific soil concentrations that are protective of public health and the environment for specified uses of a property (e.g., residential, commercial). SCOs are used to guide decisions about the need to reduce exposure to environmental contaminants. The SCOs are contained in NYSDEC’s Environmental Remediation Program regulations.

Analysis of surface soil and subsurface soil samples indicate results above the New York State SCOs. Arsenic, cadmium, lead, and SVOCs are the constituents of potential concern (COPC) in the Study Area. The SVOCs primarily consist of polycyclic aromatic hydrocarbons (PAHs) including 2-methylnaphthalene; benz(a)anthracene; benzo(a)pyrene; benzo(b)fluoranthene; benzo(k)fluoranthene; chrysene; dibenz(a,h)anthracene and indeno(1,2,3-cd)pyrene.

A SCO is not a "bright line" between soil concentrations that will result in health effects and those that will not. Moreover, exceedance of an SCO at your property does not represent an immediate health hazard but indicates a need to evaluate measures to reduce the contaminant levels. The degree of public health concern when an SCO is exceeded depends on several factors, including (among others) the extent to which the SCO is exceeded, the potential for human exposure, other sources of exposure to the chemical, and the strength and quality of the available toxicological information on the chemical.

Why is this material called "hazardous waste"?

The term hazardous waste is a regulatory designation. In New York State, hazardous wastes are defined by U.S. Environmental Protection Agency and NYSDEC regulations. Simply defined, a hazardous waste is a waste with properties that make it dangerous or capable of having a harmful effect on human health or the environment. Hazardous waste is generated from many sources, ranging from industrial manufacturing process wastes to batteries and may come in many forms, including liquids, solids gases, and sludges.

The treatment, storage and disposal of hazardous waste are regulated under the federal Resource Conservation and Recovery Act (RCRA) of 1976. Hazardous wastes are defined under RCRA in 40 CFR 261 where they are divided into two major categories: characteristic wastes and listed wastes. Characteristic hazardous wastes are materials that are known or tested to exhibit one or more of the following four hazardous traits: ignitibility, reactivity, corrosivity, or toxicity.

Where would I encounter ABG?

It is possible you could encounter ABG when digging on your property.

The cleanup that was performed in the Houghton Plot consisted of excavating and removing as much as the top two feet of soil where the ABG waste and other potential contamination were found. After the ABG and other potential contamination was removed, workers put in a new layer of clean material depending on what was removed. The new material may be grass, trees, concrete sidewalks, or asphalt. In some cases, investigation of a property determined that no action was needed.

However, the cleanup was performed only in the areas where the investigation found ABG. Note that the Houghton Plot was the location of former ash dumps which preceded the residential neighborhood and waste material could still be found as more areas are sampled.

Because the remedy consists of a cover system (up to two feet of clean soil, grass, trees, concrete sidewalks, or asphalt), property owners are encouraged to plan projects that would require more extensive digging—such as installing a swimming pool or new deck—only after you have consulted with DEC and Corning Incorporated.

Contact with metals and other contaminants of concern is also possible in surface soils (within top 2 inches of ground surface), particularly in areas not covered with grass, mulch or pavement, especially in areas with visible ash, brick, and glass. Contact is also possible in sub-surface soil (beneath ground surface) if you dig into the ground. People can be exposed to metals or other contaminants of concern in soil if they get soil on their hands or vegetables and swallow or ingest the soil through hand-to-mouth or eating activities.

What precautions should I take?

No immediate health effects from exposure to arsenic, cadmium, lead, SVOCs or other contaminants in the soil through typical use of the yards is expected. However, you can reduce the chances for exposure to these contaminants by taking reasonable and practical steps to minimize direct and repeated contact with bare soils (particularly by young children).

1. Maintenance of a grass or mulch cover will help prevent direct contact with the soil.  
2. Unnecessary digging in the dirt should be avoided. Children and adults should wash hands after outdoor activities.
3. The use of doormats and periodic damp mopping of floors can help reduce exposure to outdoor soil that might be tracked indoors.

It’s important to note that all soils contain at least trace metals and microorganisms, and therefore it is always a good idea to minimize getting soil into your body whether it is contaminated or not.

What about my garden?

Eating vegetables from your garden could increase your exposure to arsenic, cadmium, lead, SVOCs or other contaminants if they are present at elevated levels in the soil of your garden. Contaminant levels in homegrown vegetables depend on many factors such as the specific kind of vegetable, characteristics of the soil, the level of contamination in the soil, and others. Additionally, soil can stick to vegetables and then be taken into the body when the vegetables are eaten. If you decide to grow and eat vegetables, the  New York State Department of Health  recommends best practices that can be followed to reduce the potential for exposure any time people are concerned that soil may contain man-made or naturally occurring contaminants.

To help reduce any exposures you might have from vegetable gardening:

• Grow vegetables in raised beds with clean soil (at least 10 inches deep). Use untreated wood to make the beds. Pressure-treated wood and railroad ties contain added chemicals.
• Wear gloves when working in the garden and avoid bringing soil into the house.
• Brush off your clothes and remove shoes and gloves before entering your home.
• Wash with soap and water after gardening or any time before you eat.

What are my responsibilities as a property owner?

Site Management will require work on some residential property. You have rights as a homeowner but also obligations to help the DEC and the DOH perform this work. Here is a summary of your rights and responsibilities:

1. You will not have to pay anything for this cleanup on your property; however, you will need to grant access to Corning Incorporated to perform the work. Note that you will be notified before anyone comes onto your property to do any work related to the remedy.
2. To the best of your ability, you should also protect the work in progress. For instance, if excavation has taken place in your front yard, you might want to keep pets from digging in the excavation area.
3. If you, even accidentally, do something that impacts the new cover put in place, you will need to contact Corning Incorporated and the DEC to let them know.
4. If you sell your house, you need to notify the DEC and Corning Incorporated so they can contact the new residents about the cleanup work. The seller should also provide the No Further Action Letter and the Construction Completion Report (if they have one) to the new owner. If you have misplaced these documents, you can contact Corning Incorporated or DEC and they can help you.
5. After the new cover material is put into place, you will be responsible for the normal upkeep of your property—such as mowing and trimming—just as you would have before. Corning Incorporated provided instructions on how to maintain your new sod. 

Overview of the Site Management Plan

Each section of the SMP is summarized below. 

Executive Summary

This introductory portion of the plan uses the terms “OU1,” “OU2,” or “OU5.” These are operable units and are the different areas of the cleanup that will take place in residential areas. Having operable units was necessary for breaking down this large project into manageable components, which involved different cover systems and/or schedules for implementation.

2.0 Institutional and Engineering Control Plan

Section 2 provides detailed information about the institutional controls (such as the plans for and procedures that will be followed during inspections and the notification requirements for homeowners, Corning Incorporated, and the DEC) and the engineering controls (that is, the cover that was installed after excavation). Institutional controls are referred to as “ICs” throughout the SMP.

Subsection 2.3 describes the engineering controls—that is, the new soil and materials that will be placed after the excavation. The soil cover system is a permanent control, and the quality and integrity of this system will be inspected at defined, regular intervals, in perpetuity, in accordance with this Site Management Plan.

More information about the backfilling, reseeding, lawn replacement, and replacing landscaping features can be found in this section.

3.0 Monitoring Plan

This section of the SMP describes how the new cover system will be evaluated and monitored.

4.0 Periodic Assessments/Evaluation

This section describes how Corning Incorporated will determine the vulnerability of the site related to severe weather events. Increased erosion, damage to infrastructure from wind, and flooding are all considered. This section also describes the DEC’s policy related to green remediation (i.e., work be performed using ecologically sound techniques that save energy, reduce waste and emissions, conserve water, and protection of the natural environment and private property).

5.0 Reporting Requirements

This section describes the periodic reporting requirements and include (1) site inspection reports and (2) periodic review reports (PRRs).

A comprehensive inspection of properties will be performed annually by Corning Incorporated and documented in inspection forms submitted to DEC as part of the annual Periodic Review Reports (PRRs). Any deficiencies or issues that require action will be documented via email and provided to NYSDEC within 7 calendar days of the inspection. Corning Incorporated will compile the information provided by the property owners to be included in the PRR. Such information will include, but is not limited to, an annual summary of work completed on the property which involved excavation and any observation of damage or defect that compromises the effectiveness of the cover system.

6.0 References

This section lists the reports, journal articles, research, etc. referenced in the site management plan. Many of these are available to the public either online or in a public library.

Figures

This section of the site management plan includes maps of the site, photos of waste material, and illustrations of the cover system.

Tables

The first table (Table 1-1) in this section lists the different properties in each operable unit (OU). Note that no personal identification is listed on this table. 

Appendices

Appendix A: Waste Summary, Industrial Wastes in Corning, New York. This appendix provides a descriptions and pictures of the different waste material you may encounter on your property.

Appendix B: Site contacts are provided.

Appendix C: Supplemental Requirements for Building Permits in the City of Corning Study Area. This section is important for property owners because it describes what you should do if you are issued a building permit for work on your property.

Appendix D: Excavation Work Plan – Residential Properties (EWP-RP). This appendix details how the excavation and the replacement of the cover system will be performed and how property owners should plan for their own excavation projects in their yards.

The excavation workplan describes how excavation and replacement of the cover system will be performed. It explains how the material will be loaded onto containers for disposal, how it will be transported and disposed of, how the equipment used for the work will be decontaminated, the management of water, and how the cover system will be repaired, installed, or restored as required. Note that this work will be at no expense to the property owner.

If you are planning to dig post holes deeper than 2 feet below ground surface or plant trees or shrubs in an area that is known to contain ABG, Corning Incorporated will hire a qualified driller to drill those holes. If you are planning to install a fence, flagpole, or mailbox, for example, you and the driller will mark out the locations for the holes and the driller (hired by Corning Incorporated) will manage the subsurface material so you will not come into contact with any waste material. You or your contractor may then complete the project.

For excavations deeper than 2 feet required for installing footers or for building additions or in-ground swimming pools, for example, Corning Incorporated will work with you and your schedule and hire a subcontractor to complete the excavation. During that excavation, the subcontractor will install a demarcation layer (e.g., fabric) at the bottom of the excavation to provide a visual barrier against any remaining ABG and other potential contamination. During this work, Corning Incorporated may collect samples of the material being excavated to assist with disposal. When the subcontractor is finished, they will install a temporary safety fence. If the excavation is against a foundation, Corning Incorporated will inspect the area inside and outside, and before and after the excavation to make sure there was no damage to your foundation. You or your contractor may then complete the project.

Note that an access agreement will be necessary for DEC and/or Corning Incorporated to perform work on your property.

Important Timelines for Property Owners

If any of these situations apply to you, please notify Corning Incorporated and the DEC as quickly as possible. These timelines were established to help maintain the health and safety of people and the environment. 

DEC can help you determine the likelihood of encountering ABG and assist with dealing with it if you do.

Corning Incorporated will notify you, the property owner 15 days prior to doing any field activity associated with site management including inspections and monitoring or excavation. You will also receive status reports within 45 days of Corning Incorporated having to respond to an event on your property that describes any actions taken to maintain the cover system.

Appendix E: This appendix consists of a form you can use to contact the DEC and Corning Incorporated about any concerns you may have.

Appendix F: Soil Analytical Results and Remaining Contamination. This appendix contains drawings illustrating sampling locations with symbols used to indicate the sample type (such as a soil boring, test pit, surface soil, etc.) and the results of analytical testing at each point. Tables summarizing the results of the laboratory data analysis for each sample make up the rest of this appendix.

Appendix G. Known Subject Material Within City of Corning Rights-of-way. Appendix F contains figures that illustrate City of Corning rights-of-way and the locations and analytical results of any samples taken in these areas.

Appendix H. Known Subject Material Within City of Corning Rights-of-way (Prepared by Parsons). This appendix consists of one figure developed by Parsons Corporation. (Parsons is providing third-party oversight for the cleanup work on behalf of DEC). This map illustrates the likelihood of ABG and other potential contamination being encountered the City of Corning right-of-way

Appendix I. Excavation Work Plan – City of Corning Rights-of-way Areas (EWP-ROW). This appendix consists of a work plan describing the cleanup work that will occur in the City’s rights-of-way. This work plan is similar to the one provided in Appendix D but it describes the notification requirements for the City of Corning and utility providers rather than property owners.

Appendix J. Short-Term Response Action Work Plan. This work plan describes the immediate actions that will be taken to address or mitigate any environmental impacts posed by the ABG and other potential contamination. It provides the short-term measures that will be taken if someone finds ABG such as isolating the area with temporary fencing, installing any erosion controls if necessary, and inspecting the area daily. These are short-term measures to address immediate exposure risks that are taken before the more comprehensive excavation takes place.

Appendix K. Responsibilities of Property Owner and Remedial Party. The information in this appendix is of particular importance to property owners. It describes in detail the different responsibilities for the property owner, Corning Incorporated, and utility contractors. Corning Incorporated and the DEC also have responsibilities to protect you, your property, and the environment at large throughout this project. That information is also included in Appendix J.

Appendix L. Health and Safety Plan (HASP). The HASP provides detailed information for people working on the project. It describes the potential hazards of working on the site and includes the safety measures and procedures that are put in place to keep workers safe.

Appendix M. Community Air Monitoring Plan (CAMP). The CAMP provides information related to the control of dust and the air monitoring that will take place during the clean up work.

Appendix N. Site Management Forms. This appendix consists of a blank inspection log forms to be used by workers in the field.

Appendix O. Field Sampling Plan/Quality Assurance Project Plan (FSP/QAPP). This appendix details the sampling protocols and quality assurance/quality control (QA/QC) procedures for conducting field sampling activities.

Appendix P. Groundwater Monitoring Plan. This appendix describes how groundwater monitoring wells will be installed. Monitoring groundwater is one way of assessing if the remedy is working.

Appendix Q. Agreement for Work in the Houghton Plot Study Area – Project ID 851046 between Corning Incorporated and the City of Corning. This appendix details the agreement between Corning Incorporated and the City of Corning for performing excavation work within the City of Corning rights-of way.

Find Ash, Brick, or Glass? Use This Questionnaire to Notify DEC