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Send a Message: Urge The NY Department of Environmental Conservation (DEC) to Pause Rulemaking for Landfill Leachate Management Until DEC Engages All Stakeholders. 

Because of the “Leachate Loophole”—gaps in regulations that allow toxic landfill leachate to be sent to sewage treatment plants (STPs)—approximately 89 million gallons of landfill leachate were discharged into the Mohawk River and Hudson River Estuary each year from 2019-2023. These discharges happened at STPs owned by local governments. That volume is enough to fill about 12,400 average size tanker trucks. These rivers supply drinking water for roughly 368,000 people, including communities already disproportionately affected by environmental harms.

Modern landfills capture leachate, but sending it offsite to municipal STPs—facilities not designed to handle these toxic chemicals—puts rivers, drinking water, and communities at risk. Drinking water treatment plants may even be unaware that untreated leachate is entering rivers upstream of their intakes.

DEC began developing new regulations for landfill leachate management in 2023, in response to new state water quality guidelines for PFAS and 1,4-dioxane. Recognizing that these contaminants cover only a small fraction of the pollution in landfill leachate, the Department proposed keeping all leachate onsite at landfills to prevent any contaminants from being released.

Since then, DEC has made major changes to its proposed approach, but has done so without broad stakeholder engagement or public updates. During this time, the landfill industry has had multiple opportunities to review and respond, while other stakeholders—including sewage and drinking water plant operators, landfill fenceline communities, drinking water consumers, and environmental organizations—have not had the same chance to help shape the rule.

Join us in urging DEC to pause the rulemaking for landfill leachate management and actively engage all stakeholders before publishing a draft. This pause will ensure that the perspectives of those who manage leachate downstream, live near landfills, or protect public health and the environment are considered.

How to take action:

  1. Read the sample letter (below) and include an opening statement about why this issue is important to you. Personalized letters have a greater impact.
  2. Complete the required fields and click “Send Message.”

Pause Rulemaking for Landfill Leachate Management Until DEC Engages Stakeholders

I am writing to urge the New York State Department of Environmental Conservation (DEC) to pause the landfill leachate rulemaking and actively engage all stakeholders before publishing a draft rule.

The 2024 report, The Threat of Landfill Leachate to Drinking Water in the Hudson and Mohawk Rivers, highlighted that contaminated leachate is being sent to municipal sewage treatment plants (STPs) and discharged into rivers that supply drinking water for roughly 368,000 people. Modern STPs are not designed to handle these toxic chemicals, and some drinking water facilities may not even know leachate is entering rivers upstream.

Broad participation now will create stronger, safer, and more equitable regulations for New York’s waters and communities. Input from those who manage leachate downstream, including sewage treatment and drinking water plant operators, those who live near landfills, including fenceline communities, and those who protect public health and the environment is essential to make the new rule protective.

DEC must end these outdated practices. I urge DEC to adopt regulations requiring on-site treatment and disposal of leachate at landfills—but only after engaging all stakeholders to help shape the rule language before it is published. Once the rule is published, DEC must provide a 90-day public comment period to allow robust participation. This will ensure meaningful involvement from all affected communities and experts during this once-in-a-generation opportunity to protect our rivers, lakes, and drinking water.

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