Senator Michelle Hinchey Urges NYS DEC to Adopt Urgent Leachate Regulations

Senator Michelle Hinchey (District 41)  sent a strong letter to the NYS DEC in January, urging the agency to adopt new regulations requiring the onsite treatment and disposal of landfill leachate as soon as possible.

“As the Senator for New York’s 41st District, I was deeply concerned to learn of the harmful release of leachate from landfills into the Hudson and Mohawk Rivers. This poses a serious threat not only to the drinking water of thousands of my constituents but also negatively impacts tourism and the natural environment—critical components of our local economy. Additionally, it creates significant challenges for municipal leaders, who are burdened with the dangerous and costly task of managing and disposing of leachate. For these reasons, I urge the DEC to adopt new regulations that mandate onsite treatment and disposal of landfill leachate as soon as possible. By taking this necessary action, the DEC has a crucial opportunity to close the “leachate loophole” in the law and require landfills to treat toxic leachate before it is transported offsite and released into the environment. A challenge this urgent demands immediate action.”

Despite this call for action, the DEC has yet to begin the Rulemaking process needed to kick off the public process for new leachate regulations. This delay continues to hinder efforts to address this crisis.

We thank Senator Hinchey for her leadership on this critical issue.

Drinking Water Intermunicipal Council on Hudson River Request New Regulations for Treatment of Leachate at Landfills

On March 12, the Hudson River Drinking Water Intermunicipal Council (Hudson 7) sent a letter to the New York State Department of Environmental Conservation (DEC), urging the immediate initiation of rulemaking under 6 NYCRR Parts 360 & 363 to address the management, treatment, and disposal of landfill leachate. They also requested a 90-day public comment period to ensure meaningful participation in this process.

Formed in 2018, Hudson 7 includes the City and Town of Poughkeepsie, Village and Town of Rhinebeck, the Towns of Highland, Hyde Park, and Lloyd, and Dutchess and Ulster counties.

“The downstream burden of removing these contaminants should not be the responsibility of the drinking water treatment plants—often without the knowledge of upstream municipal sewer plant leachate discharges. Communities relying on these rivers for drinking water could bear significant financial costs, if required to remove these contaminants, and in most cases, lack the capability to effectively treat these pollutants.”  they wrote.  “The current regulatory system is failing to adequately address the leachate problem. A new waste management regime is necessary to protect the public and shift cost burdens away from municipalities and back to polluters. The rulemaking process would allow various stakeholders to collaborate in designing a system that is both equitable and efficient.”

“While it is unclear the degree to which landfill leachate contaminants are currently impacting the water drawn into our plants, the potential risks to public health and water quality posed by the current practice are clear. Immediate action should be taken to protect drinking water supplies and the environment, ensure accountability, and modernize outdated waste management practices. For these reasons, we strongly believe raw leachate should never be allowed to leave the landfill, and urge the DEC to move forward promptly with new regulations for Onsite Treatment and Disposal of Leachate at Landfills.”

Join our coalition of partners to take action today

Join our expanding coalition of partners advocating for stronger leachate management in New York State and beyond.  Take action with us to urge the NYSDEC to implement new regulations for the onsite treatment and disposal of leachate at landfills.
#leachateloophole

Ulster County Executive Jen Metzger Sends Request for Rulemaking to NYSDEC

On February 18, Ulster County Executive Jen Metzger sent a letter to the New York State Department of Environmental Conservation (NYSDEC) urging the state to begin rulemaking for new regulations aimed at improving the management, treatment, and disposal of landfill leachate. This letter is the result of action encouraged by the Hudson and Mohawk Rivers Leachate Collaborative, which has been advocating for the state to address the current practice of allowing raw leachate to be sent from landfills to municipal sewage treatment plants—facilities that are not designed to handle the tens of thousands of toxic chemicals commonly found in leachate.  The county joins the early chorus of municipal letters that include the City of Kingston, Village of New Paltz and a letter poised to go to the state in March from the Hudson River Drinking Water Intermunicipal Council (Hudson 7).

“We appreciate the important work the NYSDEC has done in recent years to identify and characterize potential sources of contamination and gather data to inform future rulemaking. However, recent reports highlight the significant volume of leachate entering the Hudson and Mohawk Rivers—potentially threatening drinking water supplies—which underscores the urgent need for action,” wrote County Executive Metzger.

Ulster County is a supporting member of the Hudson 7, an intermunicipal council consisting of municipalities from the mid-Hudson region that draw their drinking water from the Hudson River. This includes the Town of Esopus, Town of Hyde Park, Town of Lloyd, Town and City of Poughkeepsie, and the Town and Village of Rhinebeck in Ulster and Dutchess counties.

“Although Ulster County does not operate water or wastewater treatment facilities, nor are we directly responsible for managing closed landfills, this issue has a significant impact on our residents and municipalities. Hundreds of thousands of people rely on the Hudson and Mohawk Rivers for drinking water daily. In Ulster County alone, approximately 10,000 residents across two municipalities depend on the Hudson River for their drinking water. As a member of the Hudson 7 intermunicipal council, Ulster County is deeply committed to protecting this vital resource,” added Metzger.

If you would like to take similar action, please feel free to use our draft letter or send an immediate message via our website.

Leachate & Petrochemicals

To stop landfill leachate from polluting our water, we need to stop the practice of passing leachate through sewer treatment plants (STPs), which are not equipped to treat it. This is why we are urging DEC to open a rule-making to change leachate disposal practices. Reconfiguring our infrastructure to handle this leachate responsibly is no trivial task. Faced with the complexity and economic costs involved in making this change, we must simultaneously think about our future trash. 

Landfills will discharge toxic leachate for years to come due to the waste already in them. We can’t change the composition of our past garbage, but there is great potential to change our future garbage. There are multiple ways to approach this, including increasing composting, repair and reuse, and reducing consumption. At the same time, we must drastically reduce the amount of toxic chemicals in everyday goods.

Many of us assume that if a product is being sold in stores, its ingredients are safe. Unfortunately, this is not always true. The Toxic Substances Control Act (TSCA), passed in 1976, authorizes the U.S. Environmental Protection Agency (EPA) to regulate chemicals used in manufacturing. (This law does not cover chemicals in food, food packaging, cosmetics,  and drugs.) TSCA has never been effective. When it was adopted, over 40,000 chemicals were grandfathered in without scrutiny. In a review of TSCA’s implementation between 1976 and 2016, researchers found that “EPA regulated fewer than 10 of over 86,000 existing chemicals registered for use in commerce.” TCSA has no default measure requiring companies to collect and disclose information about risks when seeking new chemical approvals. This leaves EPA lacking critical information, and vulnerable to industry meddling.  

Most of the chemicals in question are petrochemicals – those derived from fossil fuels like petroleum or natural gas. Petrochemicals are so pervasive in everyday products that they are nearly impossible to avoid. Scientific studies have repeatedly shown that human health suffers from exposure to petrochemicals in the environment, affecting our immune, reproductive, metabolic, and neurologic systems, and manifesting in cancers, developmental disorders, infertility, and more. These problems affect women, especially women of color, infants, and children especially. Although none of us are free from chemical exposures, communities that neighbor chemical manufacturing facilities experience acute pollution,. These facilities are clustered near areas with more people of color and poor people. 

A shift away from petrochemicals is essential for mitigating climate change, because fossil fuel companies are responding to the trend toward renewable energy sources by ramping up petrochemical production. Removing toxic chemicals from manufacturing requires better chemical review and approval, and it will also require alternative materials. ‘Green chemistry’ is a viable design approach that reduces the potential for pollution at all stages of a chemical’s life cycle, including manufacturing and disposal.  As long as we have a system that freely approves petrochemicals for use in everyday goods, petrochemical plants will keep polluting local communities and emitting greenhouse gases, and our trash will keep producing toxic leachate.

The Leachate Loophole: A Closer Look at Testing and Regulation Gaps

As more municipalities respond to the concerns raised in the Leachate Loophole report, there’s growing interest to test effluent from sewage plants. To better understand how to approach this testing, we looked at two key guidelines in New York State: the EPA Method 1633A and the NYS State Pollutant Discharge Elimination System (SPDES) permit Strategy.

Our team began by asking two key questions:

  • What is EPA Method 1633 (Analysis of PFAS in Aqueous, Solid, Biosolids, and Tissue Samples) designed to achieve?
  • What is the purpose of the NYS DEC’s strategy for implementing guidance values for PFOA, PFOS, and 1,4-Dioxane at publicly owned treatment works (POTWs)?

DOWNLOAD: PFAS Sampling At Sewer Plants: Information About EPA Method 1633A and NYS SPDES Permit Strategy

In our opinion, the DEC’s strategy falls short in addressing the urgency of the issue. The current approach relies too heavily on monitoring and non-binding measures, such as SPDES permit Action Levels. While the strategy suggests that sewer plants may eventually need to create “Pollutant Minimization Programs” to reduce the concentrations of harmful chemicals, we believe similar actions could—and should—be taken right now under the Industrial Pretreatment Program.

The Growing Threat of Emerging Contaminants
Landfill leachate is a major concern because it can contain thousands of chemicals, many of which are “emerging contaminants”—substances that are suspected of causing harm but haven’t been regulated yet. These chemicals are commonly found in everyday products and have been for decades. They enter the environment through landfill leachate and will continue to do so for the foreseeable future.

While some emerging contaminants are already known to be risky, they’re not regulated yet because our current regulatory systems are slow to react. These systems require a lot of data on exposure pathways, health risks, safe concentration levels, testing methods, and treatment options—data that is often incomplete. Adding to the challenge, many of these chemicals are harmful at very low concentrations and in combination with others, making them difficult to manage using traditional regulatory frameworks.

Why Compliance Alone Won’t Solve the Problem
As New York works to roll out new regulations for chemicals like PFOA, PFOS, and 1,4-Dioxane, it’s essential to test for their presence in wastewater and understand how these regulations will impact local communities. However, we believe that simply meeting compliance standards isn’t enough. The Leachate Loophole report points out how the current regulatory system fails to adequately protect drinking water and public health. While New York’s new rules for certain chemicals are a step in the right direction, they don’t address the full scope of the problem.

The reality is, landfill leachate can contain many unknown contaminants, and the lack of research on these substances makes it impossible to create a testing system that guarantees the safety of water, aquatic life, or public health. A new approach is needed, one that aligns with the risks we already know. Until then, leachate should be kept onsite at landfills to prevent further contamination.

NYS Legislators and Advocates Press DEC Acting Commissioner on Leachate Loophole During 2025 Budget Hearings

On Tuesday, January 28, a Joint Legislative Public Hearing of the New York State Assembly and Senate gathered during the 2025 Executive Budget Proposal related to Environmental Conservation and Energy. 

During the hearings, Assemblymember Deborah J. Glick (District 66), Senator Michelle Hinchey (District 41), and Hudson Riverkeeper all raised critical questions to Acting Commissioner of the New York State Department of Environmental Conservation (DEC) Sean Mahar regarding the leachate loophole.

Assemblymember Deborah J. Glick regarding emerging contaminants and landfill leachate.

Assemblymember Glick asked if municipal wastewater treatment plants were aware of what’s in the raw leachate that they were accepting.  DEC Mahar responded that there were permit requirements for municipal wastewater treatment plants before discharging, ensuring the treatment process complies with those conditions.   But WWTPs are neither required nor equipped to remove the pollutants that are present in landfill leachate. This is a key issue in the leachate loophole, especially concerning emerging contaminants.

 

An excerpt from our report The Leachate Loophole and Emerging Contaminants:

“In theory, the Clean Water Act (CWA) aims to stop pollution into waterways. In reality, pollution is controlled and monitored through permits. In New York State (NYS), facilities that discharge waste into surface or groundwater are regulated under the State Pollutant Discharge Elimination System (SPDES) permit program, part of the CWA. The purpose of SPDES permits is to limit the amount of polluting substances that facilities discharge. The CWA sets minimum baseline requirements according to the facility type (a state may apply more stringent standards), and requires SPDES permits to be renewed every five years. Originally, Congress intended this renewal process to provide an opportunity for state agencies to require new water pollution control technology in SPDES permits as it developed. In turn, pollution discharges would be eliminated as technological capacity increased.

Under the CWA, a WWTP permit renewal should include a full review of information about the facility, including industrial operations that discharge to it, expanded effluent monitoring data, and an opportunity for public comment. The administrative burden of this review cycle has led to large backlogs of expired permits in many states, including New York. In response, DEC’s policy is to administratively renew or extend permits as is, until a “full technical review” can be conducted. At the time of this report and based on available information, of the 14 WWTPs in the project area that accept leachate, nine have expired SPDES permits. Only five of these permits have been updated in the past five years.”

Senator Michelle Hinchey: “What is the DEC doing to help communities right now with onsite treatment of leachate at landfills?”

Later, Senator Michelle Hinchey, concerned about a landfill in her town (Town of Hurley), which was recently reported on in the Times Union, asked what the DEC was doing to support communities with onsite storage tanks and treatment solutions now.  She emphasized that this issue will only grow in magnitude, and communities needed funding available for mitigation efforts.  She urged her colleagues to consider this pressing problem as they review the budget in 2025.

 

 

Jeremy Cherson of Hudson Riverkeeper: “89 million gallons of untreated landfill leachate that is released into the Hudson and Mohawk Rivers Annually”

Hudson Riverkeeper referenced our report and called on the legislature to increase funding for the Clean Water Infrastructure Act to $600 million, in order to address the ongoing issues of diluting and dumping landfill leachate into our rivers, and other critical water quality concerns.

 

We are deeply grateful to our representatives and advocates for highlighting this issue during the budget hearing and pushing for meaningful solutions.

Want to learn more? Watch our webinar from January 6, 2025. 

 


For more information, visit:  https://leachateloophole.org/take-action/

 

 

Grant Funding is Available in NYS for Emerging Contaminant Treatment at Landfills 

UPDATE:  The status of the federal funding described in this blog post is uncertain. President Trump’s White House froze all federal grant and loan payments on January 27, 2025. As of February 5, 2025, the order has been rescinded by the Federal Government and blocked by two federal​ judges, but funding is not being paid out. While this issue plays out in court, we urge you to contact your Congressional representatives (find them here) and local leaders and ask them to protect funding for safe drinking water.

 

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The Bipartisan Infrastructure Law (BIL), passed in 2022, included $1 billion in funds for infrastructure to address emerging contaminant pollution, such as perfluoroalkyl and polyfluoroalkyl substances (PFAS), in surface water and groundwater. The US Environmental Protection Agency (US EPA) allocates these funds to New York State through the Clean Water State Revolving Fund (CWSRF), which is administered by the NYS Environmental Facilities Corporation (EFC). 

The funding is provided as 100% grants, and will be available on an annual basis until 2026. Some examples of eligible projects are:

  • Landfill leachate collection and treatment to remove emerging contaminants;
  • Emerging contaminant treatment at municipal wastewater treatment plants; and
  • Emerging contaminant treatment or removal of contaminated material at Superfund sites.

For Fiscal Year 2025 (ending September 30), NYS proposed to award nearly $81 million in BIL funds for emerging contaminant projects. Municipalities have requested about $60 million in FY 2025. The proposed projects include: 

  • Town of Hurley: $1.3 million to design a landfill leachate collection and treatment system at the Town of Hurley landfill.
  • Village of Malone: $14.5 million to plan, design, and construct landfill leachate pretreatment at its wastewater treatment plant.
  • Development Authority of the North Country: $1.4 million plan and design a landfill leachate pretreatment facility.
  • Steuben County: $25.3 million to plan, design, and construct landfill leachate pretreatment for PFAS.

How to Access Grant Funding for Emerging Contaminant Treatment

The first step toward accessing these grants is to submit your project for listing on NYS EFC’s Intended Use Plan (IUP). The deadline is May 30, 2025. 

NYS EFC offers assistance in preparing project applications.

Where to Find More Information

These links lead to additional information about the Clean Water State Revolving Fund and Bipartisan Infrastructure Law emerging contaminants funding. 

       NYS EFC | Clean Water State Revolving Fund 

       NYS EFC | Types of Funding & Deadlines – Bipartisan Infrastructure Law

          US EPA | Bipartisan Infrastructure Law Resources for Clean Water

          US EPA | Emerging Contaminants Supplemental Appropriation FAQ 

Coalition Urges DEC to Adopt New Regulations for Onsite Treatment and Disposal of Leachate at Landfills

Broad Coalition of New York Organizations Calls on the State to End Outdated Practices That Threaten Rivers and Drinking Water.

A broad coalition of New York State organizations submitted a letter today urging the New York State Department of Environmental Conservation (DEC) to adopt new regulations for onsite treatment and disposal of landfill leachate. The letter calls for the DEC to open the rulemaking process immediately, with a 90-day public comment period, stressing the urgent need for new regulations to protect public health and the environment from untreated leachate being sent to municipal wastewater treatment plants. Municipal systems are not required to test for or remove the toxic chemicals in leachate, such as heavy metals, “forever chemicals” (PFAS), and other contaminants, allowing them to be untreated and discharged into rivers that serve as drinking water sources.

This push for new regulations follows the December, 2024 release of the major report The Threat of Landfill Leachate to Drinking Water in the Hudson and Mohawk Rivers, which highlights the “Leachate Loophole”—a regulatory gap allowing raw leachate to be sent to municipal treatment plants. These facilities discharge the toxic contaminants into the Hudson and Mohawk Rivers, which provide drinking water for 368,000 people.

“After two years of promises, the DEC has failed to act on the critical need for new leachate regulations,” said Rebecca Martin, Project Manager of the Hudson and Mohawk Rivers Leachate Collaborative. “The evidence is clear: municipal treatment plants cannot handle the toxic chemicals in leachate. DEC must open the rulemaking process now and provide a 90-day public comment period to allow all New Yorkers, especially those in impacted communities, to weigh in.”

The letter highlights the need for an immediate action to protect drinking water supplies, ensure accountability, and modernize outdated waste management practices. It also calls for a new waste management regime that prioritizes public health and the environment, while shifting the cost burdens from municipalities back to the polluters.

Organizations signing onto the letter include: Seneca Lake Guardian, Beyond Plastics, Riverkeeper, Hudson River Sloop Clearwater, Scenic Hudson, Earthjustice, Sierra Club Atlantic Chapter, NRDC, Pace Environmental Litigation Clinic, Catskill Mountainkeeper, and others.

Notably, the Cary Institute of Ecosystem Studies is among the signatories and is credited with editing a recent research article published in Proceedings of the National Academy of Sciences (PNAS), which found that “forever chemicals” in municipal wastewater threaten drinking water supplies for millions of Americans.

For more information, visit:  https://leachateloophole.org/take-action/