Municipal Solid Waste (MSW) Landfills
MSW landfills are landfills that are permitted to accept residential, commercial and institutional wastes. Currently, there are 25 active MSW landfills in New York State. A table summarizing the annual report data for MSW landfills can be found on the 2020 Capacity Chart.
The minimum liner required for an MSW landfill is a double composite liner with primary and secondary leachate collection and removal systems.
Construction and Demolition (C&D) Debris Landfills
C&D debris landfills are landfills that are permitted to only accept waste from construction, remodeling, repair and demolition of structures, buildings and roads. Currently, there are 11 active C&D debris landfills in New York State. C&D debris landfills are required to have a double composite liner with primary and secondary leachate collection and removal systems, unless the landfill has demonstrated that an alternative liner system is justified and will not adversely impact groundwater quality. These alternative liner demonstrations must meet the requirements of 6 NYCRR 363-6.6(b).
Long Island Landfills
The Long Island Landfill Law, ECL 27-0704, placed additional requirements and restrictions on landfills operating on Long Island. Currently, there are 5 landfills operating in Nassau and Suffolk Counties. The minimum liner required for an MSW landfill is a double composite liner with primary and secondary leachate collection and removal systems.
Industrial Waste Landfills
Industrial waste landfills are permitted for disposal of solid waste resulting from industrial operations, such as paper mill sludge. Currently, there are 9 industrial waste landfills operating in New York State. Industrial waste landfills are required to have a double composite liner with primary and secondary leachate collection and removal systems, unless the landfill has demonstrated that an alternative liner system is justified and will not adversely impact groundwater quality. These alternative liner demonstrations must meet the requirements of 6 NYCRR 363-6.6(b).
Land Clearing Debris (LCD) Landfills
LCD landfills are landfills that hold a valid registration that was issued prior to November 4, 2017. These landfills are three acres or less in area and are authorized to accept tree debris, uncontaminated soil and rock from land clearing, utility line maintenance and season or storm-related cleanups as well as recognizable uncontaminated concrete and concrete products, asphalt pavement, brick, glass, soil and rock until the authorized capacity is utilized.
New York State Inactive Landfill Initiative (ILI)
There are just over 1900 inactive solid waste sites in New York State. The majority of these sites were town or village dump sites that closed prior to the 1980’s and even prior to DEC’s establishment in 1970. The regulations in effect during this time required soil covers without any type of investigation for impacts to groundwater. Over time these sites became overgrown and encroached upon by development pressures. With the increased knowledge of emerging contaminants within the environment and the potential risks to human health, DEC developed the Inactive Landfill Initiative to assess and mitigate these sites ensuring New Yorkers have access to safe drinking water.
The Clean Water Infrastructure Act of 2017 included the addition of Title 12 (Mitigation and Remediation of Certain Solid Waste Sites and Drinking Water Contamination) to Article 27 of the Environmental Conservation Law. Title 12 authorized DEC to conduct preliminary investigations of sites with an emphasis on emerging contaminants, including per- and polyfluoroalkyl substances (PFAS) and 1,4-dioxane, to assess ongoing or potential impacts to drinking water sources, and to further investigate sites to further define necessary mitigation and remediation, if any. Title 12 also provides authorization to DEC, along with New York State Department of Health (NYSDOH) and individual solid waste site owners/operators, to undertake mitigation and remediation of sites or areas deemed necessary for the protection of a public drinking water supply.
Lastly, the legislation requires that the DEC prepare an annual report on or before July 1 of each year providing a status update of the program. Each year’s update can be found below.