Context
- Since 2005, the Environment Agency (EA) has regulated an Environmental Permit for the operation of a landfill site at Walley’s Quarry, Silverdale, Newcastle-under-Lyme, Staffordshire.
- The site is located near the centre of Newcastle-under-Lyme.
- The site which is a former quarry has planning permission for both a landfill (to ground level) and to create a land raise (above ground level)
- The landfill site has planning permission (regulated by Staffordshire County Council) to accept waste for disposal until 2026 with final restoration to be completed by 2042.
Who is responsible for what?
The Environment Agency regulates the two environmental permits held by Walleys Quarry (formerly known as Red Industries RM Limited) for the landfill.
Staffordshire County Council is responsible for determining and monitoring planning permission. It is also responsible for improving the health of the county’s population.
Newcastle-under-Lyme Borough Council is responsible for monitoring air quality across the area, including the assessment of statutory nuisance.
UK Health Security Agency (UKHSA), formerly Public Health England (PHE), exists to protect and improve the nation’s health and wellbeing and reduce health inequalities. UKHSA are an executive agency of the Department of Health and Social Care and a distinct delivery organisation with operational autonomy. They provide government, local government, the NHS, Parliament, industry and the public with evidence-based professional, scientific and delivery expertise and support.
You can access the Environment Agency's FAQ page here and Newcastle-under-Lyme Borough Council's FAQ page here.
The Permit:
The Environment Agency regulates two environmental permits held by Red Industries to operate a waste facility at Walleys Quarry - one permit for the landfill site and one permit for the soil treatment facility.
Click here to read the permits - Walleys Quarry transfer notice and Walleys Quarry consolidated permit.
The permit allows the operation of a Non Hazardous waste landfill. Non Hazardous waste includes municipal and industrial wastes.
The permit would also allow Stable Non-Reactive Hazardous Waste (SNRHW) (gypsum and asbestos), in a separate cell. The operator has never used a separate cell and therefore SNRHW is not accepted.
The total quantity of waste allowed to be accepted at the facility is 400,000 tonnes per year. The permit also allows the operation of:
- a leachate treatment plant for management of leachate produced by the landfill
- landfill gas engine and flare for treatment and utilisation of landfill gas created by the landfill.
Monitoring is required for landfill gas, leachate, surface water and groundwater at a number of points at the facility, at different frequencies (weekly, monthly, quarterly and annual).
Investigations
In December 2021, the Environment Agency have formally launched an investigation into alleged criminal activity at Walley's Quarry. I welcome this formal criminal investigation and I would like to thank all the sources that have come forward over the past few years.
In September 2022, the EA commenced an investigation into Walleys Quarry Ltd regarding the company’s history of compliance with its Environmental Permit from 1 December 2020 until 21 July 2022. As this is an active investigation they will not be able to comment further on matters which could form part of any future legal proceedings. I am glad to see the Environment Agency have taken this long-overdue step, and have publicised their action accordingly. I continue to believe that their history of non-compliance, as evidenced by the breaches reported and their CCS score, is more than sufficient for the permit to be suspended.
I appreciate the EA cannot, for legal reasons, comment further at this time about the outcome or potential penalties involved for either investigation. However, I will be pressing for both investigations to be prioritised so that we can have a resolution as soon as possible.
Permit Compliance
It is the EA's role to assess compliance with the permits and to take appropriate regulatory action if they identify any breaches. This is done by reference to the enforcement and sanctions policy and the Government’s core guidance on environmental permitting, and with appropriate regard to the Regulators' Code.
Their Regulated Industry Team assesses compliance with the permit conditions at Walley's Quarry landfill in a number of ways including by site inspections, announced and unannounced, reviewing monitoring data and by conducting off-site odour assessments. They charge all permit-holders subsistence fees, which cover the cost of these routine regulatory activities. Subsistence fees do not cover provision of a constant officer presence on any permitted site. This is explained in more detail in the guidance to their charging scheme.
The EA have carried out significant regulatory activity with regard to WQLS, and continue to do so. A typical landfill site would usually be the subject of 1 audit, 4 site inspections, 4 monitoring reviews and 1 engineering inspection each year. In 2022, the EA carried out 60 inspections at WQLS.
Compliance Assessment Reports (CAR)
A CAR is used when assessing compliance with environmental permits and to record the findings of site inspections, audits and monitoring activities, reviews of monitoring and other data/reports.
The EA use these forms to:
record our observations
provide advice and guidance
identify and score permit breaches and specify any remedial actions required
inform the operator of enforcement action, if any, that we are considering.
We use our guidance on assessing and scoring environmental permit compliance to score permit breaches in accordance with our Common Classification Scheme (CCS)
For more information on CARs and how they score CARs with the Compliance Classification Scheme (CCS) please visit the EA's Compliance page.
What is the odour?
Odour sources from a landfill include leachate and landfill gas created from the decomposition of the waste, newly deposited materials on top of the waste mass, and delivery vehicles carrying waste to the site.
Landfill gases are formed when biodegradable waste (such as food scraps, paper, and wood) rot and decompose (breakdown by bacteria) or evaporate. Emissions are a mixture of mostly methane and carbon dioxide, with very small quantities of other gases.
Landfill gas is formed in a landfill when biodegradable waste (such as food scraps, paper, and wood) rot and decompose (breakdown by bacteria) or evaporate. The gas is a mixture of mostly methane and carbon dioxide. It also contains a number of other gases in very small quantities. The gas, if not properly contained within the engineered landfill, can seep out into the air and lead to unpleasant smells. The different gases that can make-up landfill gas vary depending upon the type of waste on a landfill site and how far the waste has broken down.
Landfill gas is mostly methane and carbon dioxide, which are odourless and colourless. However, the gas also contains hydrogen sulphide that, even in small quantities, has a strong smell of rotten eggs. This is what residents can smell.
How do the Environment Agency assess odour?
Assessment of odour is a dynamic process determined by site specific and weather conditions. The EA uses an assessment process designed to provide as much information as possible. The 'FIDOR' acronym - Frequency, Intensity, Duration, Offensiveness and Receptor Sensitivity - is a useful reminder of some factors that will influence the degree of odour pollution. They use a 6 point scale:
0 – No odour
1 – Very faint odour (need to inhale into the wind to smell anything)
2 – Faint odour (you can detect an odour when you inhale normally)
3 – Distinct odour (there is clearly an odour in the air as you leave your car or enter the area)
4 – Strong odour (a bearable odour but strong, you could stay in the area for some time)
5 – Very strong odour (unpleasantly strong, you will want to leave the area quickly)
6 – Extremely strong odour (likely to cause nausea and a strong need to remove yourself from the odour immediately)
The operator can be found to be in breach of its permit if: 1. odour that is at a level likely to cause pollution outside the site boundary can be substantiated by an officer and found to be due to activities on the site, and 2. the operator is not following all appropriate measures to manage that odour.
An operator will not be in breach of the odour condition in their environmental permit when they cause odour pollution beyond the site boundary, provided they are using all appropriate measures. However, even if the operator is using all appropriate measures but the EA considers that the residual odour is at such a level that it is unreasonable, it will be necessary for the operator to take further measures to reduce odour pollution, or risk having to reduce or cease operations if appropriate.
Odour Monitoring
In response to increased community concern of odour within Silverdale and the surrounding areas in winter 2020/21, the EA installed four Air Quality Monitoring units around the landfill site. These Mobile Monitoring Facilities (MMF) have collected monitoring data continuously since their installation at the beginning of 2021.
What measures are in place to minimise the odour at a landfill site?
Measures to minimise odour commonly include the following. This is not an exhaustive list, there are other measures which can be used on a site by site basis:
- Capturing landfill gas and combusting it using a landfill gas engine or flare
- keeping the tipping area as small as possible
- covering waste as soon as possible;
- installing capping over the waste when operational areas have been completed;
- ensuring the landfill gas management system is operating effectively and installed once gas is being produced;
- keeping leachate levels low;
- avoiding over-tipping older areas of waste.
Capturing landfill gas
The measures put in place to resolve the odour issue are being carried out in accordance with the programme set out in the published plan. These measures are designed to secure the effective resolution of the problem as soon as reasonably possible. It is not possible to precisely predict the effect that each individual step we have required Walleys Quarry Ltd to take will have.
Capping waste
The Landfill Directive refers to capping as the ‘top sealing layer’. This layer prevents rainwater flowing into the site through the surface and prevents gas escaping. Capping is either a clay or welded plastic membrane with a topsoil layer. The design of a landfill cap must be submitted to the Environment Agency for approval before the construction work commences. The EA inspect the works to ensure the construction is completed to the required standards. Environmental Permits for landfills include conditions requiring the site operator to undertake surveys of the site surfaces for fugitive emissions. If emissions are detected action will be required by the operator. This may include repairs to capping or changes to landfill gas management. Temporary capping can be used to cover areas for defined periods of time, however permanent capping is required to last for the life of the site and its integrity must be demonstrated as part of the process to surrender a landfill permit.
There are engineering standards which temporary capping is required to meet before it is considered fit for purpose to minimise odour emissions. Temporary capping is installed to allow time for settlement of the waste in each cell, prior to installation of the final gas infrastructure and final profiling. Once this is all complete and the cell is full, the permanent cap is added which has a similar effect to temporary capping, but for a much longer period.
Leachate
As rainwater lands on the site it drains through the waste in the landfill and dissolves a range of substances which then collect at the base of the landfill. This is known as leachate and it can contain high levels of contaminants. The base of the landfill site is designed to collect and extract this leachate. The level of leachate at the base of the site is required to be measured and sampled. The amount of leachate within the landfill is controlled by conditions in the permit and any excess leachate has to be removed. Once the landfill cells are filled to capacity with waste, the operator is required to install an engineered cap over the top of the waste to reduce the amount of rainwater getting in, which limits the production of leachate. Some landfill sites including Walley's Quarry landfill have a leachate treatment facility on site. Following treatment, leachate will be either removed from site by tanker or discharged to the local sewer. Some sites do not have a treatment facility and leachate is collected in a storage tank and removed from site by tanker for treatment elsewhere.
Where does the waste going to Walley's Quarry come from?
There are no restrictions on waste being accepted from further away than the local area. As the operator are a commercial operation, they can take commercial waste from around the country. There are many reasons why these waste companies may chose Walley’s Quarry landfill, rather than a landfill closer to them to dispose of their waste.
Why has the Environment Agency not temporarily suspended waste acceptance?
I have called for the EA to suspend the the permit numerous times. However, the EA have said they can only suspend activities where they involve risks of pollution. At Walley's Quarry the hydrogen sulphide escaping the site is coming from waste already in the landfill that is now decomposing, not from new deposits. This means that suspending current operations (or revoke the permit) would not address the issues.
Importing new waste has a part to play in controlling landfill gas from decomposing waste. The EA have instructed Walleys Quarry Ltd to stop hydrogen sulphide escaping from existing waste and to take appropriate steps to manage new waste, including:
- Making sure Walleys Quarry Ltd follows procedures to check the documentation that accompanies each load before it is tipped at the site.
- Obtaining details of all waste loads rejected at the site this year because they contained gypsum-waste.
- Increasing their audits of the waste supply chain of waste arriving at the site; they track back to find where waste originated and what it contains. This is important to ensure only waste authorised by the permit is accepted at the site.
- Making sure Walleys Quarry Ltd increase the number of gas wells across the landfill to make sure infrastructure is in place for the future.
- Working to improve the gas utilisation processes, so future landfill gas will be safely destroyed.
Why is the site not being shut down?
I have called for the Environment Agency to revoke the permit on a number of occasions. They have said that at this current time, the engineering and design of the landfill means it is not in a suitable position to close the site permanently, there is waste and odour from the existing waste that needs to be actively managed. The EA is working with the operator to bring the site back into compliance with its environmental permit, in line with published guidance, relevant legislation and the regulator’s code of conduct.
What happens when the site stops taking waste?
Once a landfill site is full, it cannot accept any further waste and it is closed. For Walley's Quarry, this will be no later than 2026.
The environmental permit conditions still require the permit holder (the operator) to complete the monitoring required by the permit and demonstrate that no pollution is occurring - this will be until 2042. The permit holder is supposed to make financial provision for the landfill site for 30 years after the site stops taking waste. This is known as the aftercare period.
Health Impacts
The EA works in consultation with the UK Health Security Agency (UKHSA), formally the Public Health England (PHE) and follows their advice and guidance.
They produced a report (RCE-18) which was published in 2011 and concludes that living close to a well-managed landfill site does not pose a significant risk to human health. The report encompasses the results of a number of epidemiological studies, detailed monitoring results from a major project funded by the Environment Agency, and advice sought from the Committee on Toxicity of Chemicals in Food, Consumer Products and the Environment.
If you have health concerns relating to the landfill my advice is to speak to your GP. The local authority’s Environmental Health Department and Public Health England will be able to provide appropriate advice to local GP’s.
I have also produced a report on the Health and Impact of local residents following a survey. From the responses to the survey it is clear constituents are genuinely frightened about what they are breathing in and are devastated by the impact that living with the intolerable odour is having on them and their families.
Planning Permission
Staffordshire County Council is responsible for determining and monitoring planning permission. Considerations included in a decision on planning permission include following points:
- operational life of the site,
- final height and profile (visual) of the landfill,
- phasing of the site,
- hours of operation,
- traffic movements to and from the site, and
- the need for the site.
Questions on these issues should be raised with Staffordshire County Council.
Why did Staffordshire County Council grant planning permission for a landfill site near a residential area?
The extraction of clay from the site for making bricks and tiles commenced around 1900. In 1946 new legislation withdrew ‘old’ rights for surface mineral working and a new express grant of permission was required. Therefore in 1948, two permissions were issued by Newcastle-under-Lyme Borough Council allowing the continued working of clay and deposit of waste materials. At the time Knutton Manor Colliery was located to the west of the site and a sewage farm to the east, with the Poolfields residential estate beyond that.
In 1991, an Act of Parliament required that the 1948 permissions be registered with Staffordshire County Council (SCC) in its role as Mineral Planning Authority. The applicant was also required to submit a new set of modern operating and restoration conditions. At this point, SCC added conditions to limit the time period for the landfilling operations and restrict the type of waste deposited to inert materials only (ie, those that don’t cause odours) to minimise disturbance to the local community. The operator at the time appealed against these restrictions and the appeal was upheld by the Secretary of State in November 1997 which meant that non-special industrial, commercial and demolition waste plus mineral waste could be imported to the site for a specific time period.
Traffic
Traffic movements are considered by Staffordshire County Council as part of the planning permissions for the sites. They do not form part of the Environmental Permit.
A number of constituents have written to me regarding the HGVs on Cemetery Road waiting to go into Walley’s Quarry landfill, and I am also aware of footage and photographs being shared on social media. This had been causing a major traffic hazard and impeding the ability of people to get to work or school. I have raised this previously on a number of occasions with both Staffordshire County Council (SCC) and Staffordshire Police.
In Autumn 2022, Walley’s Quarry Ltd were successful in their planning application to allow waste carrying vehicles to park on an internal road at the landfill between 6am and 7am, Monday to Friday, excluding bank holidays and public holidays. It allows 12 vehicles to park on the site of the landfill. Please note that the permission only refers to potential changes to the time vehicles can park on the site. No changes are proposed to the number of HGVs entering or leaving Walley's Quarry (880 movements per week) and there are no changes suggested to operating hours i.e. the times at which vehicles tip.
Waste hauliers have a duty of care to ensure theirs loads are secure. If residents observe waste falling from a vehicle on the public highway please report this to the Environment Agency. Details of the waste company and vehicle registration number will assist in their investigations. The operator has advised they undertake litter collections along the roads outside of their site.
Liaison Committee
Walleys Quarry Ltd is responsible for organising these liaison meetings, including the attendance list.
If you have questions about Walleys Liaison Committee meetings, you can contact Walleys Quarry Ltd with your enquiry at:
https://walleysquarry.co.uk/#contact
Minutes from previous meetings can be found on the Walleys Quarry Ltd website at: