Walleys Quarry: Campaigners urge regulator to put efforts appealing judgement to better use
They argue it's a waste of resources that could be used to fix the excess gas and health impacts faster
Last updated 14th Oct 2021
Campaigners fighting for safer and improved air quality around a controversial Staffordshire landfill are calling on the regulator to re-think its decision and efforts appealing a landmark High Court judgement.
The Environment Agency's appealing points made about its 'regulatory duties' after a top judge ruled enough isn't being done about the excess gases at Walleys Quarry in Silverdale.
Dr Mick Salt is a radiation physicist and member of the #StopTheStink campaign:
"I'm asking the Environment Agency: Why do you APPEAL? And stylised the appeal as Apply to Prolong Pollution in Everyone's Airways & Lungs.
"Their (the Environment Agency's) claim is that the court shouldn't actually have any place in regulation. However, the reason that we've had to get the courts involved is because there wasn't enough regulation going on in the first place."
The Environment Agency tells us their appeal isn't changing their determination to fix the issue.
Dr Salt said: "Tight timeframes and targets were set by the court, quite difficult to achieve, but they were there and as long as they could demonstrate they were doing everything they could to achieve that, no one could ever be upset about that.
"But, this is just more time and it's more money, it's taxpayers money, in appealing this decision - that's money that could be spent better on investigating the landfill site itself, perhaps bringing forward any prosecutions if necessary, but instead, they're getting distracted by this and it just seems like the wrong thing to do.
"It means effectively that an entire regulator is taking a small five year old boy back into the courts, whose health isn't recovering as quickly as it should"
A spokesperson from the Environment Agency said they have every sympathy with the local community, who should not have to live with the distress caused by landfill gas being released from Walleys Quarry.
"The Court agreed that we are right to rely on assessments and advice from Public Health England and did not find a present breach by the Environment Agency of its legal obligations" said the regulator.
"We will seek to appeal some aspects of the judgment relating to the role of the Court. This in no way affects or changes our determination to tackle the problems at this site in the interests of the Claimant, the community and the environment.”
Dr Salt added: "As I know from my involvement in the High Court case, your technical people have to advise the legal people. When you're going through the appeal - you have technical people that should be looking at the landfill site who are now looking at the other way to advise the legal team.
"In taking this action it will actually delay the technical improvements that are required on the site, which things are improving - but not anywhere near as quickly as we want them to. But it's not just the capping, it's not just the wells, it's guaranteeing that the right sorts of waste is going into the site."
"We are the experts - the Environment Agency is playing catch-up"
The regulator states that the High Court did not find a present breach by the Environment Agency of its legal obligations and that nothing about the appeal is changing or stopping them doing what they need to do.
"I'm calling on them to explore that all the powers have been used, including being a bit creative." said Dr Salt.
"Quite a few of the ideas are coming from the community, proposals of continuous monitoring to guarantee that the operator reigns compliant, the use of x RF devices to scan the waste to actually identify gypsum components. It's using the maximum capability of powers but also being a bit creative as well. So thinking outside the box."
Hear all the latest news from across the UK on the hour, every hour, on Greatest Hits Radio on DAB, at greatesthitsradio.co.uk, and on the Greatest Hits Radio app.