Forever chemicals: new rules for monitoring PFAS at NSW landfills and STPs

Per- and polyfluoroalkyl substances (PFAS) are a group of synthetic chemicals known for their persistence in the environment, often referred to as 'forever chemicals'. They are used in a wide range of consumer and industrial products and enter waste streams through the disposal of PFAS-containing materials and wastewater discharges.

Landfills and sewage treatment plants (STPs) do not typically generate PFAS. Rather, they act as secondary receivers, concentrating PFAS that originate elsewhere. Despite this, these facilities represent critical nodes in the PFAS pathway, where contamination can be measured and potentially managed before it reaches the broader environment.

Until now, PFAS monitoring requirements have varied significantly from site to site across NSW, largely depending on individual licence conditions. This inconsistency has made it difficult for the EPA to compare data across facilities, identify trends, and develop an accurate picture of PFAS pathways at a state-wide level.

What the order does

The NSW EPA's new Landfill and Sewage Treatment Plant PFAS Monitoring Chemical Control Order (CCO) establishes a uniform, science-based framework for PFAS monitoring at licensed landfills and STPs. Its stated objectives are to:

• establish consistent PFAS monitoring requirements across all relevant facilities;

• improve the understanding of PFAS concentrations and pathways from licensed landfills and STPs;

• collect data to inform future regulatory decisions; and

• support protection of the environment.

The CCO applies to all holders of environment protection licences for landfills and sewage treatment plants in NSW from 1 October 2026, including closed landfills that remain licensed.

The requirements are aligned with the PFAS National Environmental Management Plan (PFAS NEMP 3.0), which sets out the nationally agreed framework for PFAS management across Australian jurisdictions.

Key obligations

Under the CCO, relevant licence holders must:

• monitor for PFAS at specified locations;

• use approved sampling and analytical methods;

• monitor on a quarterly basis (with some variation depending on facility type); and

• report results to the EPA in the required format and within prescribed timeframes.

For licensed landfills, the CCO requires annual monitoring of leachate and quarterly monitoring of downgradient groundwater. Where a landfill does not have an appropriate groundwater monitoring location, a surface water monitoring location may be used.

For licensed STPs, the CCO requires quarterly monitoring of treated effluent.

Under the Protection of the Environment Operations Act 1997 (NSW), the contravention of a CCO attracts a maximum penalty for corporations of $1,000,000, and for each day the offence continues, a further $120,000.

Practical implications for operators

• The CCO introduces several practical considerations for affected licence holders. Operators should now:

• Review existing monitoring infrastructure: Confirm appropriate sampling points are in place, particularly for downgradient groundwater at landfills. Where monitoring infrastructure is insufficient, plan and implement necessary works before 1 October 2026.

• Establish reporting systems: Results must be reported to the EPA in a prescribed format and within specified timeframes. Build internal systems and workflows early to support timely compliance.

• Anticipate the regulatory trajectory: The EPA has indicated that monitoring data collected under the CCO will inform future regulatory decision-making. This is likely an initial step in a broader regulatory programme. Facilities with elevated PFAS concentrations may face further investigation requirements or additional licence conditions in due course.