Buffalo News: “As feds roll back PFAS regulations, New York needs to step up”

We’re pleased to share an op-ed published in today’s Buffalo News, co-authored with one of our key coalition partners, Yvonne Taylor of Seneca Lake Guardian.  Special thanks to Meg Fitzgerald of BerlinRosen for her support and assistance.

 

ANOTHER VOICE | PUBLIC HEALTH
Another Voice: As feds roll back PFAS regulations, New York needs
to step up

Yvonne Taylor, Rebecca Martin and Jen Epstein

Jun 19, 2025

The Trump administration’s latest rollback of regulations on PFAS – “forever
chemicals” linked to cancer, immune system damage, developmental issues,
and more – is especially dangerous. These compounds never break down in the
environment, and they’re turning up in drinking water supplies across the country,
including here in New York. Landfills are a major contributor of PFAS. When
rainwater and runoff filters through mountains of waste at landfills, it produces
leachate, a toxic cocktail of dozens of chemicals, including PFAS.

Seneca Meadows Inc. (SMI), the state’s largest landfill, produces 200,000 gallons of
this poison every day. SMI trucks most of its leachate to wastewater treatment plants
across New York and even out of state. The Bird Island treatment facility just north of
Buffalo accepted over 32 million gallons of this leachate in 2023 alone. These
facilities are not equipped to remove PFAS and other synthetic chemicals from all the
leachate they accept. They discharge it right back into our rivers, lakes, and
groundwater – untreated.

A recent report found that about 89 million gallons of landfill leachate were
discharged into the Mohawk River and Hudson River Estuary annually from 2019 to
2023. We’re poisoning our drinking water with our own garbage.
The volume of leachate coming from Seneca Meadows could grow. The landfill is
planned to reach capacity and close at the end of this year, but Waste Connections is
applying for a new permit . The decision to shut down the landfill once and for all
remains with the Department of Environmental Conservation.
Seneca Meadows is the poster child of the harmful throwaway culture that New York
should be fighting to move beyond, not grow. New York needs to treat landfill
leachate as the serious threat to human and environmental health that it is.

It’s time to ban the discharge of landfill leachate into municipal wastewater systems,
require landfills to treat leachate for the full range of contaminants , and set legally
enforceable drinking water standards .

As Washington fails us, Albany must rise to the moment.

Yvonne Taylor is a co-founder and vice president, Seneca Lake Guardian; Rebecca
Martin is a project manager and Jen Epstein is a data analyst and lead writer for
the Hudson and Mohawk Rivers Leachate Collaborative

Definition of “Treatment”

 

 

 

Shortly after we published our report, we needed to use different terminology to refer to the facilities that process sewage. In January, we began to use the term Sewage Treatment Plant (STP) rather than Wastewater Treatment Plant (WWTP). We did this because “Wastewater Treatment Plant” implies that these facilities treat a broad range of wastes. They don’t. They are designed, managed, and regulated to treat domestic sewage.

Recently, Laura Orlando, Senior Scientist at Just Zero, delivered a presentation on landfill leachate treatment technology to our coalition. Her presentation raised the very important question of what the term “treatment” means. Laura shared a list of three guiding questions that can be used to clarify what it means to “treat” a waste stream and understand what a treatment approach offers. They are:

  1. What are the goals of the treatment?
  2. How are we going to evaluate the treatment’s effectiveness?
  3. What substances are we treating for?

It was by thinking about these types of questions that our collaborative first identified the Leachate Loophole, and later these same types of questions helped us realize the need to shift our language from “wastewater treatment plants” to “sewage treatment plants.” The goal of an STP is to treat human waste. It is evaluated based on its effectiveness at removing or reducing a few chemical and biological substances that are indicators of human waste. The answers to Laura’s questions explain why landfill leachate shouldn’t be sent to these facilities.

In New York State, the Department of Environmental Conservation (DEC) in 2023 announced its intention to open a rule-making on onsite leachate treatment and disposal. Recent NYS guidance on PFOA, PFOS, and 1,4-Dioxane were DEC’s springboard for that action. Our collaborative has also engaged with municipalities such as the Town of Hurley and City of Kingston to address leachate disposal, and those conversations have centered on PFAS. As a preamble to her presentation, Laura pointed out that the current conversation about leachate treatment is already limited to PFAS, ignoring potentially thousands of chemicals that are present in landfill leachate. This fact isn’t usually laid clear, because the term “leachate treatment” is used, rather than something like “PFAS removal.”

Developing more responsible ways of managing landfill leachate is not a trivial process, and is not merely a question of what to do about PFAS. Even as we take steps forward to improve leachate treatment, we need to take a step back and ask whether our system of dumping waste into landfills can continue to serve us at all. Will it ever be possible to design and fund leachate treatment systems that truly neutralize the thousands of chemicals currently buried in landfills? Is it feasible to expect that we can produce a treated leachate that supports healthy rivers and drinking water supplies?

Our landfills will be around for the forseeable future, and will discharge toxic chemicals for decades. It is utterly essential that we develop the best leachate treatment systems we possibly can. But we can’t stop with that. We must also do as much as we can to reduce leachate flows by closing landfills.



Rebecca Martin to Be Honored with Stewardship Award by Woodstock Land Conservancy

The Woodstock Land Conservancy (WLC) will honor Rebecca Martin, project manager of the Leachate Loophole and a longtime Hudson Valley environmental advocate, with the William R. Ginsberg Stewardship Award at its 13th annual Vernal Fling on May 17 at White Feather Farm in the Hudson Valley.

Martin, known for her leadership with KingstonCitizens.org, Kingston Land Trust, and Hudson Riverkeeper, has spent over 20 years protecting the region’s natural resources. She played a key role in blocking Niagara Bottling’s proposed water deal in Kingston and recently managed the Leachate Loophole report on landfill pollution.

WLC praised Martin for her passion, community organizing, and dedication to civic engagement. “It’s especially meaningful to be honored by WLC,” said Martin. “They’ve been a steady partner in this work for over a decade.”

Also receiving the award are Ken Greene and Doug Muller, co-founders of Hudson Valley Seed Company, recognized for their innovative and sustainable approach to seed saving and organic farming.

Tickets for the Vernal Fling are available at woodstocklandconservancy.org/vernalfling.

(Photo Credit: The Wall Street Journal)

Towns in Ulster County early response to the Leachate Loophole report

 

It’s encouraging to see the impact of our Leachate Loophole report. After reviewing our report, the City of Kingston, located in Ulster County, NY,  stopped accepting leachate from the Town of Hurley’s Superfund landfill—prompting important conversations and progress. We helped connect the town with engineers working on onsite treatment technologies, including one system we recently visited that removes up to 18 PFAS chemicals.

While it’s a step forward, our goal remains: we want technologies that can treat toxic leachate to potable standards. Waste systems took decades to build, and solutions will take time too. Recognizing how landfills and drinking water are connected is progress in itself.

We applaud both the City of Kingston Mayor Steve Noble and Town of Hurley Supervisor Mike Boms for their swift response and leadership.

(Photo: StreamGo system set up in the Town of Hurley.  Credit: Rebecca Martin)



Hudson and Mohawk Rivers Leachate Coalition Hosts Riverkeeper Attorney on Rulemaking

In April, the Hudson and Mohawk Rivers Leachate Coalition hosted Drew Gamils, Senior Attorney at Riverkeeper, for a presentation on the New York State rulemaking process. The session was timed to prepare coalition partners for an upcoming rulemaking proposed by the NYS Department of Environmental Conservation since 2023, which aims to address the critical issue of “onsite treatment and disposal of leachate at landfills.”

The Hudson and Mohawk Rivers Leachate Collaborative continues to press the state for new regulations to close the “leachate loophole”. This loophole currently allows toxic landfill leachate to be sent to municipal sewage treatment plants that are ill-equipped to handle it. As a result, harmful substances are discharged into rivers that serve as drinking water sources for communities across the state, posing significant risks to both public health and the environment.

 “Behind the Rules: How New York Makes the Law Work” with Drew Gamils, Riverkeeper.   

In May, the group will host Laura Orlando, Senior Scientist at Just Zero, who will present an “Overview of Landfill Leachate Treatment for Toxic Chemicals” to the Coalition. 

If you’re an organization interested in joining the coalition, please contact us at Contact Page.

(Photo credit: Riverkeeper)

Ulster County Legislature Urges State to Regulate Landfill Leachate Treatment

In a unanimous April vote, the Ulster County Legislature passed a resolution urging the New York State Department of Environmental Conservation (DEC) to initiate a rulemaking process to establish new regulations under 6 NYCRR Parts 360 & 363 for the onsite treatment and disposal of landfill leachate.

The resolution was sent to key state officials, including Acting DEC Commissioner Amanda Lefton, legislative environmental chairs, and all Ulster County state representatives. The letter cited the 2024/2025 report by the Hudson and Mohawk Rivers Leachate Collaborative, which highlights serious regulatory gaps that allow untreated landfill leachate to be processed at municipal sewage treatment plants, facilities that discharge directly into the Hudson and Mohawk Rivers, drinking water sources for roughly 368,000 people, including 10,000 in Ulster County.

Ulster County joins County Executive Jen Metzger, the Hudson and Mohawk Rivers Leachate Collaborative, and others in calling for immediate action and a 90-day public comment period to ensure robust public engagement in shaping these critical environmental protections.



Hudson and Mohawk Rivers Leachate Collaborative Welcomes Maureen Cunningham as Strategy and Management Advisor


The Hudson and Mohawk Rivers Leachate Collaborative is proud to welcome Maureen Cunningham as our new Strategy and Management Advisor.

Maureen brings extensive experience in environmental policy and community leadership. She currently serves her second term on the Bethlehem Town Board and is founding member of We Are Bethlehem, a group focused on equity and justice. Her previous roles include leadership positions at the Environmental Policy Innovation Center (EPIC), Environmental Advocates NY, and the Hudson River Watershed Alliance.

With degrees from Yale University and American University, and fluency in Spanish and French, Maureen is deeply committed to advancing clean water, open space protection, and environmental equity. We are excited to have her expertise guiding our collaborative efforts.

Join Us: Upcoming Public Events on the NYS Leachate Loophole

We’ve got a busy stretch ahead, with two important public presentations at the end of April and early May (see details below). Our Project Manager, Rebecca Martin, will be speaking on the leachate loophole, sharing critical insights into this overlooked environmental issue. Don’t miss these valuable opportunities to learn, connect, and take action.

Tuesday, April 29, 2025 – 6:30 PM
Community Meeting on the Dunn Landfill
Edward S. and Francis Gildea George Education Center
1 University Place, Rensselaer, NY 12144

Thursday, May 1, 2025
Zero Waste New York Statewide Conference
First Presbyterian Church, State & Willett Streets, Albany, NY
For more information, email: updates@zerowasteny.org

Interested in having us present at your event? Reach out to learn more:  CONTACT US

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.”