Closure Notice

There are two ways that a landfill can be formally closed under the Environmental Permitting (England and Wales) Regulations 2016 (‘EPR’) and the Landfill Directive.

Operator-initiated closure 

When the operator of an operational landfill permanently stops accepting waste, it can start the closure procedure. It must be compliant with the permit and have appropriate infrastructure, operating techniques, and management plans in place to manage the site through the aftercare phase.

Where an operator wants to close a landfill before it has reached the settlement levels in the permit, it must get written agreement from the Environment Agency and provide details of proposed changes to groundwater and surface water management; the landfill gas and leachate collection system; the capping design, including its stability; operating techniques, management plans or closure and aftercare plan.

The operator may also need to agree early closure with the local planning authority, which enforces the conditions of the planning permission.

Regulator-initiated closure 

When the Environment Agency decides that a site must close and issues a Closure Notice. This will normally be when the management of an operational site is poor and further operation of the site may result in significant, long-term pollution.

A Closure Notice must, in addition to stating the regulator’s reasons for requiring initiation of the closure procedure, specify the steps the operator is required to take to initiate the procedure, and the period within which they must be taken.

A regulator-initiated closure in those circumstances has some similarities with revocation of a permit, but given the nature of landfill sites a Closure Notice is more appropriate. A Closure Notice is normally used as a last resort once other enforcement options have been exhausted. Under a Closure Notice, the operator must still comply with its permit conditions and remains responsible for maintaining active pollution control measures.

 In the case of Walleys Quarry, the Closure Notice means that no further waste can be accepted for disposal. However, closure is a process over a period of time, and some operations will continue on site as part of that process.

In accordance with our enforcement and sanctions policy, we have provided Walleys Quarry Ltd (WQL) with the opportunity to comply with its permit, and to remain compliant. We consider that WQL has failed to do so.

Since early 2021, there has been a repeated pattern of temporary improvements followed by deterioration. Despite WQL having had sufficient time, the Environment Agency is not satisfied that WQL has taken the necessary steps to address fugitive emissions of landfill gas on a sustained basis.

 A Closure Notice is normally used as a last resort once other enforcement options have been exhausted. The Environment Agency considers that it has now exhausted other enforcement options. Despite the action the Environment Agency has required WQL to take, odour pollution from the site has not reduced to a consistently acceptable level on a sustained basis.

No. As an independent regulator, we have made the decision to issue a Closure Notice taking account of all relevant factors.

Now that a Closure Notice has been issued WQL must cease accepting waste for disposal and can only accept non-waste material for the capping and restoration of the landfill. Closure of the landfill does not relieve WQL of the obligation to comply with the conditions of the environmental permit in other respects, including landfill gas management and in relation to control of odour emissions and monitoring requirements.

There will always be some background odour at landfill sites. However, we are now satisfied that stopping further waste entering the site will help reduce the odour potential. Capping the site will also help contain fugitive emissions of odorous landfill gas and increase the volume / rate of landfill gas extraction, preventing escape. These are steps required by the Closure Notice. We expect odorous emissions from the landfill to reduce over time.

Lorries will continue to enter the site with materials permitted for the purpose of capping.

As any operator does, WQL has the right to appeal our decision to issue a Closure Notice. WQL may appeal directly to the Environment Agency under our procedure for regulatory appeals. 

WQL can also make a statutory appeal against the Closure Notice under Environmental Permitting (England and Wales Regulations 2016 (EPR). Statutory appeals are heard by an Inspector appointed by the Planning Inspectorate, who may quash, affirm or modify the Notice.

Reg 31(7) EPR states that “(a) an appeal does not have the effect of suspending a decision or notice”.

The Environment Agency will continue to inspect Walleys Quarry to assess WQL’s compliance with the permit and the requirements of the Closure Notice.

We are not able to give an exact timeframe for restoration, which will depend on a range of factors. Landfill restoration (the spreading of an even layer of soil on top of the landfill, above the permanent engineered cap) is normally required by planning permission and is not part of the landfill operation. The planning permission for Walleys Quarry, issued by Staffordshire County Council, includes conditions governing final restoration and aftercare.

We are unable to comment on ongoing criminal investigations.

No, the Closure Notice only effects activities authorised by the landfill permit. Walleys Quarry Ltd can carry out soil treatment activities under environmental permit reference EPR/EB3908ML.