Anyone who has driven through New York’s abundant agricultural regions is aware of the agricultural practice of manure spreading. Done responsibly, it fertilizes the soil and enhances the productivity of farm fields. Historically, farmers only spread manure generated on their farm by their own livestock. It was essentially a closed-loop process designed to make efficient use of limited manure disposal options and control farmers’ costs by reducing the need for commercial fertilizers. In recent decades, the practice of land-spreading of sewage sludge from wastewater treatment plants has proliferated, leading to concerns about the impacts of the chemicals frequently found in such materials.
Sewage Sludge/Biosolids Management
Wastewater treatment plants produce substantial volumes of sewage sludge, otherwise known as “biosolids.” The New York State Department of Environmental Conservation (DEC) has produced a Fact Sheet entitled “The Basics of Biosolids.” According to the DEC, there are 584 Publicly Owned Treatment Works (POTWs) in New York producing approximately 360,000 dry tons of biosolids annually. DEC reports that the majority of these biosolids (51 percent) are “used beneficially,” in other words, applied to farmlands.
PFAS Concerns
Sewage sludge/biosolids are rich in beneficial nutrients but can also contain concerning levels of heavy metals and per- and polyfluoroalkyl substances (PFAS), a so-called “forever chemical,” and a topic on which we have discussed in earlier PFAS legal alerts. As reported in a PFAS summary prepared by DEC last month, PFAS are a class of human-made chemicals that have been in widespread use across a wide range of commercial, industrial and consumer products since the 1940s. They do not break down in the environment and are connected to reproductive issues, developmental delays in children and some cancers.
New York Farm Bureau Action
At its annual convention held in December 2025, the New York Farm Bureau, which had previously advocated for the practice of biosolids application on agricultural lands, reversed its position and announced that it now opposes the land application of biosolids as fertilizer unless they are thoroughly tested and cleared of PFAS and elevated levels of heavy metals.
DEC Action
On Dec. 11, 2025, DEC announced what it termed “a suite of significant new actions” and helpful resources to protect, educate, and assist New York communities in addressing the ubiquitous threat of PFAS contamination. Included with this announcement was the release of a PFAS report commissioned by DEC assessing the statewide existence of PFAS in rural soils.
In concert with this announcement, DEC Commissioner Amanda Lefton unveiled a new draft policy requiring sampling and analysis of soil products produced from biosolids, such as compost and heat-dried products.
Once the draft policy is finalized, all currently permitted facilities that accept biosolids, as well as facilities with approvals to distribute biosolids products from out-of-state sources, must analyze the biosolids product for PFAS compounds at a New York State Department of Health-certified laboratory. DEC will collect this information and combine it with other PFAS data being collected on biosolids to assist the Department in developing the State regulation to set appropriate biosolid analytical and operating limits.
Legislative Action
The New York State Senate passed Bill S5759 in 2025 to create a five-year moratorium on biosolids application, add PFAS testing requirements and establish a task force. The future of this bill in the NY Assembly remains uncertain.
Northeast States’ Actions on Biosolids
Maine: In 2022, Maine became the first state to ban the land application of all biosolids and sludge-derived compost as fertilizer.
Connecticut: Followed Maine by enacting a ban on the land application of biosolids and the sale of biosolids-based products (Public Act 24-59, effective October 2024).
Vermont: While biosolids land application is authorized, biosolids are managed through stringent state-specific standards, often stricter than federal rules, particularly concerning contaminants like PFAS, PCBs, arsenic and mercury, with recent legislative efforts proposing bans on land application of PFAS-laden biosolids and stricter landfill limits.
Massachusetts: The state was debating legislation in late 2025 that would place a complete moratorium on land application.
Rhode Island: Requires additional site monitoring at all land application sites to ensure compliance with both federal and state-specific pollutant limits.
Best Practices
For those involved in biosolids land application in New York, it is important to adhere to DEC’s regulatory requirements contained in 6 NYCRR Parts 360/361. Soil health, PFAS control, establishing appropriate buffer zones, minimizing runoff and proper treatment/stabilization to meet pathogen and vector reduction standards are important considerations. As the issues attendant to biosolids management attract wider attention, it will become increasingly important to consult with attorneys and consultants experienced in assisting agricultural operations with environmental compliance issues. Additionally, with further expected actions by regulatory agencies restricting/regulating these practices, it is foreseeable there will be increased litigation arising from neighboring property owners’ concerns regarding potential nuisance impacts related to land application of sewage sludge/biosolids.
Harris Beach Murtha’s PFAS Team is tracking PFAS matters throughout the Northeast and nation. If you need assistance with PFAS-related matters, please reach out to attorney Gene J. Kelly at (518) 701-2740 and gkelly@harrisbeachmurtha.com; attorney Alfred E. Smith Jr. at (203) 772-7722 and asmith@harrisbeachmurtha.com; or the Harris Beach Murtha attorney with whom you most frequently work.
This alert is not a substitute for advice of counsel on specific legal issues.
Harris Beach Murtha’s lawyers and consultants practice from offices throughout Connecticut in Bantam, Hartford, New Haven and Stamford; New York state in Albany, Binghamton, Buffalo, Ithaca, New York City, Niagara Falls, Rochester, Saratoga Springs, Syracuse, Long Island and White Plains, as well as in Boston, Massachusetts, and Newark, New Jersey.
