Landfill site at centre of odour dispute must close, council inquiry concludes

A council-run inquiry into a landfill at the centre of a long-running odour dispute has criticised the Environment Agency's (EA) involvement in regulating the site and concluded the landfill should be closed, capped and restored.

Newcastle Under Lyme Borough Council's inquiry also concluded that the council should continue to support legal action it launched against the operators of Walleys Quarry landfill in August of this year.

The Staffordshire landfill has been the subject of thousands of complaints from locals about foul odours and, according to the 25-page inquiry report, has been issued with 109 regulatory breaches since 2019.

Commenting on the EA's regulation of the site, the inquiry said: "During the Inquiry sessions, we heard that the EA Officers were confident that the EA had the powers within the framework to enforce and close the site if necessary and were legally able to do so."

In light of the EA's ability to regulate the site, the inquiry raised questions over why there have been 109 breaches since 2019, why there have been "failings to calibrate and operate the monitoring equipment correctly", and why there has been "poor site performance over a prolonged period without improvement".

It also alleged "failure to regulate and monitor the site correctly and/or the content of the landfill" and criticised the EA's oversight of an increase in the permitted tonnage in 2021 prior to consideration of consultation results and without taking into account rising levels of gas emissions.

The report continued: "It was suggested by witnesses at the inquiry that the legislation and EA actions and interpretation of legislation were not strong enough to protect residents.

"Members heard that the public felt that too much discretion was given to officers to, for example, increase or allow increased tonnage which would benefit the operator but not the public."

The report called for a "rebalancing" of the regulatory framework to give precedence to public health over economic benefit and growth.

The inquiry panel made 10 recommendations in its report, including a call for the Environment Agency to serve a closure notice to commence the process of the site being closed.

It also recommended that the council support further legal action being taken by the borough council.

Another recommendation urged the council to reiterate the need for a government-led public inquiry into the role of the EA as a regulator and their alleged failings with respect to the Walleys Quarry site.

It said that the Office for Environmental Protection (OEP) would be the appropriate body to support such an inquiry.

Cllr Robert Bettley-Smith, chair of the cross-party scrutiny committee, said: "The message from the community was clear: living near Walleys Quarry dominates residents' lives.

"Whether it's wondering day-to-day when the terrible smell will return, dealing with immediate health issues, or worrying about the possible consequence of long-term exposure to hydrogen sulphide, committee members were unanimous in agreeing that they want to see the closure, capping and restoration of the site to help residents return their lives to normal."

Cllr Simon Tagg, Leader of Newcastle-under-Lyme Borough Council, meanwhile said: "The committee's report covers many of the wider implications of the situation, from the potential effect on residents' health to the clear inability of the Environment Agency to effectively manage the situation.

"The question remains: if the EA believes that this site is operating correctly within its regulatory framework, why do problems persist?"

A spokesperson for Walleys Quarry said: "The landfill site holds an environmental permit and is stringently regulated by the Environment Agency to ensure the onsite activities do not cause harm to human health or the environment as we play a vital role in offering residual waste disposal supporting wider recycling service.

"We recognise the impact that odours can have for local residents, and the team is focused on managing the site to minimise impacts to the community around the site and we will continue to do so."

An Environment Agency spokesperson said: "The Environment Agency has fully engaged in the inquiry leading up to the publication of Newcastle-under-Lyme Borough Council’s Inquiry Report. We will now consider the report in full and will respond accordingly.

“We have every sympathy with the local community and remain committed to maintaining long-term improvements in emissions from Walleys Quarry landfill. 

“We continue to require Walleys Quarry Ltd (WQL) to comply with its permit and to implement all the measures necessary to manage emissions of landfill gas from the site. We do this in accordance with the regulatory framework, keeping all regulatory options under review.

“Whilst our work cannot be directed by anything other than this framework, we remain committed to working alongside partners to secure a long term, robust and sustainable resolution.”

Adam Carey