The Leachate Loophole

What is leachate?

Leachate is the liquid created when rainwater filters through to the bottom of a landfill. The water “leaches” or draws out the chemicals and pollutants from the landfill’s contents.  Landfill leachate may contain heavy metals, pesticides, and other organic compounds. In this case, “organic” does not mean naturally occurring, but rather that the chemical has a carbon-based structure. The organic compounds in landfill leachate are petroleum-based, synthetic chemicals used in industrial processes (like PFAS), manufacturing, and consumer goods, especially plastics. The Dunn Landfill sampled its own leachate for PFAS in 2022 and detected 12 PFAS compounds.

Where does leachate go?

Because leachate contains so many dangerous pollutants, landfills are required to collect and contain their leachate. To dispose, most landfills send tanker trucks full of leachate to local sewage treatment plants. The Dunn Landfill sends theirs to the Albany County sewage treatment plant. From there it is discharged into the Hudson River. 

What’s the problem?

Albany County’s sewage treatment plant, like other municipal sewage plants, is only meant to treat household pollutants like human waste. Albany’s sewage treatment plant is not equipped to remove PFAS and other industrial pollutants. These pollutants are discharged into the Hudson River.

Why is this allowed to happen?

The Leachate Loophole is a term first coined by The Hudson and Mohawk Rivers Leachate Collaborative. The “Leachate Loophole” is a set of regulatory gaps that allows this inadequately treated leachate into our waterways. The loophole is an example of regulation not keeping up with industry.  In December 2024, the Hudson and Mohawk Rivers Leachate Collaborative released a groundbreaking report mapping the size and scope of the issue in our area. The report estimates approximately 89 million gallons of landfill leachate were discharged into the Mohawk and Hudson Rivers each year from 2019-2023. These rivers serve as a drinking water source for approximately 368,000 people, including populations disproportionately impacted by environmental harms.

How do we stop this?

It’s been two years since the DEC acknowledged this issue and announced it would consider new regulation. We believe this problem is so consequential that the DEC must act right now. Send a message to the DEC here and urge them to act immediately. Tell them why this is important to you and your family.

Find out more at: LeachateLoophole.org

Read the full report by the Hudson and Mohawk Rivers Leachate Collaborative here