The Comment Period on Leachate Management Regulations Is Over. The Work Continues.
The public comment period for New York’s proposed landfill leachate regulations ended on September 9, but our work is far from over, and we are here for all of it.
More than 100 organizations joined New York River Watch’s coalition comment letter, and more than 700 individuals submitted comments urging the New York State Department of Environmental Conservation (DEC) to strengthen its proposed regulations governing the management and treatment of landfill leachate.
We are also working to obtain and review the comments that were submitted and the September 2 public hearing so that the full public record is available.
DEC now has up to a year to consider the comments it received before issuing a final rule or developing a new proposal. Learn more about the rulemaking process.
In the meantime, we will continue to connect the dots.
Leachate is part of a much bigger picture
Landfill leachate is not an isolated waste issue. It connects landfills to sewage treatment plants, rivers, lakes and drinking water sources, PFAS contamination, sewage sludge, air pollution, climate change, and the larger question of how much waste New York continues to bury.
And we are seeing these connections play out at both the state and federal levels.
A recent Waste Dive report documents pushback from landfill operators, including Casella Waste Systems and Waste Management, against New York’s proposed leachate treatment requirements.
Read the Waste Dive report on industry pushback.
At the federal level, the EPA recently withdrew guidance that provided state permitting authorities with standard language for addressing PFAS through wastewater permits. The guidance was nonbinding, so its rescission does not itself eliminate a legal requirement. But its withdrawal creates additional uncertainty around PFAS regulation and gives states less federal direction at a time when strong action is needed.
Read the Waste Dive report on the EPA’s PFAS wastewater permitting guidance.
The federal regulatory picture is changing, and that makes action at the state level all the more important. New York has the authority and the opportunity to strengthen protections for its waters, regardless of what happens in Washington.
There is more we can do
While we wait for DEC to complete its review, there are concrete ways to keep moving forward. We have gathered current actions from our coalition partners on our Take Action page, and we will continue adding to it as new opportunities arise. Some of them include:
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URGE GOVERNOR HOCHUL TO SIGN TWO PFAS BILLS
The New York State Legislature has passed two bills that would strengthen protections against PFAS, and both are awaiting the Governor’s signature.
One would establish state limits for PFAS in drinking water as federal protections are being rolled back. The other, the PFAS Discharge Disclosure Act, would require sewage treatment plants to test for PFAS and make the results publicly available. Because landfill leachate can contain extremely high concentrations of PFAS, this information is important to understanding what is entering New York’s rivers and lakes.
Riverkeeper is working to protect the Hudson River and drinking water from PFAS and other pollution, including the impacts of landfill leachate.
- Tell Governor Hochul to sign the PFAS drinking water bill.
- Tell Governor Hochul to sign the PFAS Discharge Disclosure Act.
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SUPPORT EFFORTS TO REDUCE RELIANCE ON MEGA-LANDFILLS
Stronger treatment and regulation of PFAS-contaminated landfill leachate are critical, but protecting New York’s waters also means reducing the amount of waste going into the massive landfills generating contaminated leachate.
Seneca Meadows, New York’s largest landfill, generates up to 200,000 gallons of leachate per day and is seeking a 47-acre, seven-story expansion that could allow it to continue operating through at least 2050. Rather than expanding mega-landfills, New York should follow through on its commitments to waste reduction, reuse, recycling, composting, and other zero-waste solutions that make landfills a last resort.
Seneca Lake Guardian is leading the fight to close Seneca Meadows and move New York away from landfilling statewide. Join their mailing list for updates and ways to help.
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SUPPORT STRONG LANDFILL AIR REGULATIONS
DEC is also considering new regulations governing landfill gas emissions. People living near landfills are exposed to dangerous air pollution every day, while methane emissions from landfills are a major contributor to climate change.
Full Circle Future is working to strengthen New York’s regulations governing landfill air emissions, including methane and other pollutants that affect nearby communities and contribute to climate change.
Tell New York regulators that you support strong landfill air regulations
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KEEP SEWAGE SLUDGE OUT OF CONSUMER PRODUCTS
When leachate passes through sewage treatment plants, some toxic chemicals can end up in the sewage sludge produced by those facilities. Sewage sludge is used to produce potting soil, compost, and fertilizer, meaning contaminants can ultimately end up in products used on lawns and gardens.
Just Zero is working to end the practice of spreading toxic, PFAS-contaminated sewage sludge on agricultural fields and advocates for a complete ban on using wastewater solids as farm fertilizer.
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Connecting the dots—and staying together
These issues are connected. What happens at a landfill does not stay at the landfill. Contaminants can move through leachate, sewage treatment systems, sludge, rivers, lakes, groundwater, and the air.
That is why we are continuing to raise the concerns and priorities of our coalition partners and connect these issues wherever they intersect while we wait on the state’s response to new leachate management regulations.
The public comment period may be over, but the work continues. We will keep following the rulemaking, working to obtain the complete public record, tracking developments at the federal and state levels, and looking for opportunities to strengthen protections for New York’s waters. We ask that you do, too.
It is a challenging time. But we will keep going, stay together, and continue making the improvements we can at the state and local levels.
See all current actions and ways to get involved →