DEC proposes excavation to residential standards for Texico Research Center parcel in Fishkill

The New York State Department of Environmental Conservation on presented a proposed statement of basis recommending excavation of contaminated soil on Operable Unit 3 — the residential parcel at the Texico Research Center site in Fishkill.

Greta Kowalsski, project manager for the DEC’s Division of Environmental Remediation, said investigators found semi‑volatile organic compounds and some metals in surface soil associated with an ash pile and that the department’s preferred remedy is “excavation to meet residential soil cleanup objectives with backfill meeting the requirements of Part 375.” Kowalsski said the impacted soil is shallow (surface to about 1/2 foot) and that the initial estimate for removal is approximately two cubic yards targeted to a small, localized hotspot.

The DEC compared the data to state remediation standards (Part 375) and applied both residential and industrial benchmarks because the parcel is currently zoned industrial but could be developed for residential uses in the future. Kowalsski said DEC performed a pre‑design investigation after the remedial investigation to define the extent of the hotspot; adjacent samples were reported as unimpacted, and DEC officials said the data indicate the contamination is contained to the small area identified.

Kristen Kulo, project manager in the New York State Department of Health’s Bureau of Environmental Exposure Investigation, outlined exposure pathways and protective measures and said the department agrees “the proposed remedy … is protective of public health.” Kulo noted the parcel is vacant and supplied by public water (not private wells), that soil vapor intrusion is not yet applicable on the vacant parcel, and that a soil‑vapor evaluation would be required if development is proposed.

DEC staff said the proposed remedy also includes institutional controls — an environmental easement and a site management plan — to document restrictions (for example on groundwater use) and to require additional evaluations (including soil‑vapor intrusion testing) if future development is proposed. DEC will require Chevron to submit remedial design documents, perform excavation, provide confirmation sampling and file a completion report after work is finished.

Residents at the meeting pressed officials on several points: whether neighboring private properties had been tested (DEC said sampling on private parcels requires owner permission), how DEC verifies contractor data (DEC can request split samples, direct field activities and perform oversight), why the overall cleanup has taken decades (DEC cited the site’s size, programmatic complexity — RECRA vs. state superfund — and additional data requests), and whether aesthetic or interim improvements are possible before full remediation (Chevron and DEC said cleanup and development planning are separate and that some interim removal can create exposure controls but large aesthetic work depends on developer actions and coordination).

DEC has posted the site documents (site number 3140044) on its public project pages and is accepting public comments on the proposed statement of basis through the end of the month. After review of comments DEC will issue a final statement of basis and require design and implementation steps by the responsible party.