New York’s largest landfill, Seneca Meadows, will remain open, an appellate court recently ruled in March.

In 2016, the town of Seneca Falls passed a law requiring the landfill to close in 2025, the same year that its air permit expired. 

Courts have now twice declared the law invalid, saying that the original decision to close the facility was based on a flawed environmental review. 

But the landfill’s original air quality permit has now expired.

Environmentalists are unhappy that under the state’s air quality program, landfills and other industries may continue to operate for years while the state Department of Environmental Conservation considers whether to renew a permit. 

It’s the primary reason environmentalists like Yvonne Taylor, co-founder and vice president of Seneca Lake Guardian, want the state’s air quality control program to be reformed.

“When a permit ends, it really should mean something,” Taylor told Capital Tonight.

Legislation to reform the air control program has been sponsored by state Sen. Pete Harckham.

The bill would ensure that air quality permits cannot be extended indefinitely.

The Business Council of the State of New York is strongly opposed to the legislation. The Business Council’s opposition memo states that the legislation provides for the suspension of Title V air permits and the denial of Title V permit renewable applications “due to the lack of timely DEC action.”

Additionally, the Business Council points out that there has been no increase in the DEC’s Division of Air Resources funding that could help address the backlog. 

In an email to Capital Tonight, the DEC stated:

“The New York State Department of Environmental Conservation’s (DEC) air permit review processes are thorough, transparent, and most importantly, guided by the State’s stringent laws and regulations. DEC oversees the State’s air permitting program and routinely prioritizes improvements to the facility permits and registration process as part of the stationary source compliance program to ensure it continues to serve as an effective tool to reduce air pollution. While state law allows a facility’s permit to remain in effect during DEC’s reviews, every facility must comply with applicable air regulations.”

Capital Tonight reached out the Seneca Meadows landfill for comment but did not hear back.