Walleys Quarry: Regulator not ruling out prosecuting the operator
The Environment Agency says their first focus is fixing the issue of excess gas
Last updated 13th Oct 2021
The Environment Agency has told Greatest Hits Radio News it's not ruling out the idea of prosecuting the operator of a Staffordshire landfill that is plaguing the lives of thousands of people across the area.
Walleys Quarry in Silverdale already has 17 breaches of non-compliance since the start of this year - including two in the last few weeks.
The site is linked to a series of physical and worsening mental health impacts and was recently the focus of a High Court judgement ruling it was affecting the life, and human rights, of a vulnerable five-year-old boy.
Many across Newcastle and the wider North Staffordshire area are frustrated the EA isn't being firm enough against the operator, Walleys Quarry Ltd - who run the site.
Clare Dinnis, the Environment Agency Area Director for the West Midlands said:
"I understand that people are frustrated, that they're not seeing us taking them through a court case, they're not seeing any signs of prosecution.
"I'm not saying that's off the table, we would need to have a look at that.
"Any questions about any enforcement action will come once we are confident that everything has been done on site to resolve the problem for residents."
The two further breaches
EA officials have made 48 site inspections and audits and 57 odour assessments since 1 January 2021. Over this period they identified 17 instances of non-compliance.
Officers made an unannounced off-site visit, out of hours on 18 August 2021. This visit identified apparent breaches of two permit conditions.
These breaches relate to:
- Insufficient covering of tipped materials at the end of the working day.
- Odour outside the site at a level likely to cause pollution, as perceived by an authorised officer, in the absence of appropriate measures to prevent or minimise the odour.
Clare Dinnis added: "Those people who would build that prosecution case are the same people who are doing the work on site at the moment, they would need that evidence for that, and firstly - because of the number of permit breaches they've had, their charges will go up next year. Secondly, a large amount of the work and the additional resources that the Environment Agency has put in are being directly charged back to the operator.
"The Environment Agency's primary focus is sorting out the problem on site."
Walleys Quarry Ltd is now assessed as a Band E operator and subsistence charges will increase by 50%.
How the EA responded to the new breaches
The regulator says they don’t want the community to continue to live with the distress caused by landfill gas being released from the operations at Walleys Quarry landfill, and that they are challenging Walleys Quarry Ltd (formerly Red Industries RM Ltd) every step of the way to operate in line with their permits.
Clare Dinnis said: "This is a really unusual landfill site, we haven't seen others behave in this way. What I'm focussed on is making sure we can make a difference with the powers we've got now.
"Every single power that we have, which is right to be used on this site, which will make a difference and is making a difference to the operation of this site, we are using."
The regulator instructed Walleys Quarry to fix the identified issues by:
- Covering waste sufficiently by the end each working day to avoid attracting vermin. The EA will check up on the operator to make sure it's taking this action.
- Urgently carry out a surface emission survey and make checks on the temporary capping layer and identify any necessary improvements.
- Install appropriate capping to prevent emissions of landfill gas outside the site boundary by 30th September.
The response from the operator
In a series of press statements issued by Walleys Quarry Ltd (formerly Red Industries RM Ltd) since early September, the operator said:
"...we have been engaging extensively with the Council and the Environment Agency to address the issues raised" and "are all seeking the same outcome, but this process takes time and there are no easy fixes."
The installation of approximately 20,000m2 of the "Posi-shell temporary capping system has now been completed."
Posi-shell is a "clay based material" that "will harden and produce a crust over the waste". It is "proven in practice to be durable, weatherproof and erosion resistant. It will provide a barrier to the ingress of rain water and a seal to help encapsulate the waste.
"The scheduled drilling works continue on site, with plans to install up to 28 wells access the central and eastern sections of site... The work is progressing well."
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