Don’t Miss Your Say! NYSDEC Proposed Regulations Open for Public Comment

The New York State Department of Environmental Conservation (NYSDEC) is proposing updates to its solid waste regulations to add specific requirements for managing leachate from municipal solid waste (MSW) landfills and construction and demolition debris (C&D) landfills that have leachate collection systems. The intent is to improve leachate treatment so that contaminants are better controlled and their environmental impacts are reduced. Under the proposed changes to Parts 360 and 363, leachate from active landfills must be treated to remove contaminants before being sent to a water resource recovery facility (WRRF) or other discharge location, and any concentrated residual waste from treatment must be properly disposed.

• NYSDEC is proposing to require active MSW and C&D landfills with leachate collection systems to treat leachate on site (or at a different permitted facility) to achieve a 99.9% reduction in regulated contaminants before discharge, creating a new Part 360 permit category for “landfill leachate treatment facilities.”
• Facilities must submit a conceptual treatment plan within one year, a final plan within two years, and may continue sending leachate to WRRFs for up to four years while treatment infrastructure is built; new facilities must comply immediately.
• The rule aims to prevent PFAS, 1,4-dioxane, and other contaminants from entering drinking water by shifting treatment responsibility from downstream WRRFs to landfills, with estimated capital costs of $3–$50 million per facility and household impacts of roughly $3.85–$8.99 per month.

Walden provides more information on the proposed changes here.

How to Participate

DEC is accepting public comments on the proposed landfill leachate regulations until September 9, 2026. Send comments:

• By mail to DEC’s Division of Materials Management, 625 Broadway, Albany, NY 12233.
• By email to SolidWasteRegulations@dec.ny.gov, with “Comments on Proposed Part 360 Series” in the subject line.

DEC will also hold public hearings on September 2, 2026, at 1 p.m. and 6 p.m.; details and registration information are available on DEC’s website.

Why Should Anyone Comment?

Public comments matter since:

• Public comments become part of the official record that the DEC must review before finalizing a rule.
• Agencies frequently revise proposed regulations based on issues raised in comments (e.g., clarifying language, adjusting timelines, or strengthening protections).
• Comments help the DEC understand the local conditions around landfills and WRRFs that statewide data may miss.

Even if you’ve never submitted a public comment before, your input still matters. Comments do not need to be perfect to be valuable; what DEC is looking for is clear, respectful, and specific feedback that helps them understand real-world impacts and practical considerations. Whether you write a single paragraph or several pages, a focused comment can influence the final rule.

Who Should Consider Commenting

Groups that should consider commenting include:

• Residents near landfills or WRRFs.
• Municipal officials and solid waste operators.
• Environmental and public health professionals, including engineers and advocates.
• Environmental justice communities already dealing with multiple pollution sources.

If these regulations affect your drinking water, your community’s facilities, or your work, your perspective belongs in the record.

What to Expect During the Hearings

Each speaker typically has a limited time (often around three minutes) to share remarks, so preparing a short, focused statement in advance is helpful.

DEC provides interpreter services for hearing-impaired and limited English proficiency participants at no cost, upon request made in advance.

Walden Is Here to Help

For more information about the proposed changes to leachate management regulations and how operations at your facility may be impacted, contact Walden’s team of solid waste engineers at 516-604-5684.