FAQ's - Landfill Regulation and Environmental Permits

1. How do you regulate Walleys Quarry Landfill Site (WQLS)?

The Environment Agency regulates the operation of WQLS under the environmental permits held by the operator, Walleys Quarry Ltd. Permit conditions cover requirements relating to waste types and volumes, construction and design of the site infrastructure, emission limits and the location and frequency of environmental monitoring. These controls are designed to prevent pollution and where that is not possible, to minimise impacts to the environment and human health.

We assess compliance with the permit through monitoring and carrying out site visits (both announced and unannounced) and where necessary we take enforcement action to address compliance issues. You can find a copy of the permit here: EPR/DP3734DC.

We have produced a document that explains what we require landfill operators to do. You can find this guidance here: https://www.gov.uk/guidance/dispose-of-waste-to-landfill.

The guidance brings together key items from several Environment Agency regulatory guides so should not be read in isolation and does not replace other documents.

2. How do you work alongside partners in regard to WQLS?

We regulate the operation of the site under its environmental permit. However, we also work with partners to address local community concerns about WQLS. A multi-agency response has helped coordinate regulation, engagement and communications. Partners with different responsibilities include:

• Staffordshire County Council
• Newcastle-under-Lyme Borough Council
• UK Health Security Agency (UKHSA - formerly Public Health England)

Newcastle-under-Lyme Borough Council is responsible for regularly monitoring air quality across the area, with standards for pollution levels to protect health and the environment set by Government. It is also responsible for monitoring its area for statutory nuisance, including odorous emissions.

Staffordshire County Council has responsibilities for the improvement of public health in its area, including through its Director of Public Health, the production of an annual report on the health of the local population.

Staffordshire County Council is also the local planning authority responsible for determining and enforcing planning permission across its area for matters including waste and mineral operations. It is also the highway authority for its area, with responsibility for traffic regulation.

UKHSA provides government and the public with evidence based professional scientific expertise and support. They have no statutory powers in relation to odorous sites and therefore work with partners to ensure public health is protected.

3. How do you score non-compliances with an environmental permit?

A minor breach of a condition within an environmental permit is one we would reasonably expect could have a minor, potential impact on human health, quality of life and the environment. Information about how we score permit breaches is set out in guidance available here: https://www.gov.uk/government/publications/assessing-and-scoring-environmental-permit-compliance.

The Compliance Classification Scheme (CCS) includes 4 categories, which range between CCS 1, a non-compliance which could have a major life impact on human health, quality of life or the environment categories and CCS 4, a non-compliance which has no potential environmental impact.

4. What is your plan to reduce hydrogen sulphide emissions?

In October 2021 we published our Plan to reduce hydrogen sulphide (H₂S) emissions. That plan describes our strategy to ‘Contain, Capture and Destroy’ emissions, assesses the impact of the measures we have already required of the operator, and sets out the next steps WQLS must take to continue to reduce H₂S ambient levels. We set timescales for completion of the various actions, which are challenging, but reasonable for WQLS to deliver.

There are three key objectives underpinning this plan:

• Contain landfill gas emissions from the site;
• Capture as much of that gas as possible;
• Destroy it by combustion through the gas utilisation plant (GUP).

These objectives are expected to deliver the current recommendation of the UKHSA: ‘which is that all appropriate measures are taken as early as possible to reduce the off-site odours from the landfill site, to reduce the health impacts experienced in the local community; and maintain the concentrations in the local area to levels below the health-based guidance value used to assess long-term exposure’.

To ensure effective delivery of this plan we will continue with:

• Our intensive programme of announced and unannounced inspections.
• Off-site odour assessments.
• Work to ensure that WQL is effectively preventing future inputs of gypsum-bearing waste through its waste acceptance procedures.
• Audits of the sites which produce waste consigned to WQL.

Whilst ultimate success will deliver reduced H₂S concentrations, steps along the way will be measured by:

• Increased areas of capping and reduction in the fugitive surface gas emissions, proving that gases are being contained.
• Increased volumes of gas captured and transferred to the GUP.
• Efficient and effective operations of the engines and flares to destroy these gases as validated by telemetry in the GUP and off-site monitoring data.

There may be temporary increases in H₂S concentrations during periods of cold, still weather and site infrastructure works. However, our view remains that the ‘Contain, Capture and Destroy’ strategy is the most effective way to secure a long-term reduction of exposure to H₂S in the community.

We are committed to keeping our plan updated so that the community can see progress. We published an updated version in September 2022. You can read the full plan here.

5. How do you know your plan is working?

The air quality around Walleys Quarry has been extensively monitored for the last two years. Our data, and the UKHSA assessment of any health risks using the data, are available here.

The graph below shows the monthly average concentration of H₂S in the ambient air since March 2021. Since May 2022 all MMFs show H₂S at or below the 2µg/m³ long-term lifetime health guidance value.

Figure 1: Monthly average hydrogen sulphide concentrations at each monitoring station (March 2021 – January 2023)

The graph below illustrates the percentage of time each month that the MMFs have recorded H₂S above the World Health Organisation (‘WHO’) odour annoyance threshold. You can see that the number and scale of exceedances has reduced across the monitoring period.

Figure 2: Monthly percentage of time that each monitoring station location has recorded hydrogen Sulphide concentrations above WHO odour annoyance guideline level (7µg/m³) (March 2021 – January 2023)

It can be helpful to compare similar times of year when monitoring was taking place when cold, still weather can influence the results.

The table below shows the WHO odour annoyance threshold

So, if you take MMF9 as an example, the number of times the WHO odour annoyance threshold was exceeded fell to approximately one quarter of that recorded in the earlier period, and the maximum level was 13% of that recorded in the same period in the previous year.

6. Why hasn’t WQLS been closed?

We regulate in accordance with Defra guidance on the Environmental Permitting (England and Wales) Regulations 2016 (‘EPR’) (the Core Guidance), the Regulators’ Code, and our own enforcement and sanctions policy. We may consider revocation of a permit if:

• An operator in Band E or F is failing to work towards compliance in a timely manner.
  • In the case of WQLS, permit breaches identified in early 2022 have not been repeated. WQLS has acted on the advice given and complied with the required steps in Enforcement Notices. In all the circumstances, including consideration of current monitoring data, we are satisfied that WQLS is working towards compliance in a timely manner.
• The operation poses a serious risk to the environment or human health and the operator has exhausted all other ways to remove that risk.
  • WQLS is continuing to implement the necessary measures to manage the risk of pollution, which monitoring demonstrates has significantly reduced.

Our regulatory activity has resulted in improvements to operations on-site and H2S concentrations are much lower than those seen in 2021 and early 2022. We will continue to keep our position and WQLS’s response under review, taking account of the published guidance.

The partially filled site has also yet to reach the final levels set under planning conditions regulated by Staffordshire County Council and is not currently suitable for permanent closure, final restoration and aftercare.