THE NYS DEP’T OF ENVIRONMENTAL CONSERVATION (DEC) HAS FAILED ITS MISSION

January 15, 2025

The ongoing failure of New York’s solid waste program dates at least as far back as 1988 when the State Solid Waste Management Policy was entered into NYS Environmental Conservation Law, Title 1, Section 27-0106.

It reads:

In the interest of public health, safety and welfare, and in order to conserve energy and natural resources, the following priority list was enacted by the State of New York:

  • First, to reduce the amount of solid waste generated.
  • Second, to reuse material for the purpose for which it was originally intended, or to recycle material that cannot be reused.
  • Third, to recover, in an environmentally acceptable manner, energy from solid waste that cannot be reused or recycled (waste-to-energy).
  • Fourth, to dispose of solid waste that cannot be reused, recycled, or from which energy is not being recovered, by land burial (landfill).

This policy, after consideration of economic and technical feasibility, shall guide the solid waste management programs and decision of the department (NYSDEC) and other state agencies and authorities.

Please note that landfilling is listed as a last resort.

What has happended instead, however, is that the NYSDEC has chosen to prioritize and incentivize landfilling over reduction, reuse, and recycling because it is more profitable to fill land with garbage than to implement sustainable practices like waste reduction and recycling.

That means the NYSDEC has failed to

  • Address the root causes of waste generation.
  • Encourage changes in consumption patterns or waste reduction at the source.
  • Provide incentives to reduce waste production or adopt more sustainable practices.
  • Achieve its core mission of protecting the natural environment and conserving natural resources.

Instead, the only solutions the DEC has offered are landfills and WTE facilities, which is to say enormous profits for huge, multi-national corportations at the expense of the health of citizens and the environment.

Conclusion: NYS must stop renewing expired permits for mega-landfills, and eventually extend this policy to all landfills.


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