People Against Landfill Sites

</head> <body text="#FFFFFF" bgcolor="#0000FF" link="#FFFF00" vlink="#FFFF00" alink="#FFFF00" background="pl09.jpg"> <center> <h1> <b><font color="#33FF33"><font size=+3>'People Against Landfill Sites'</font></font></b></h1></center> <center> <h1> <b><font color="#33FF33"><font size=+3>Action Group</font></font></b></h1></center> <b><font color="#FFFFFF"><font size=+1>The group is eager to receive copies of documented and physical evidence concerning the Landfill Site.</font></font></b> <br><b><font color="#FFFFFF"><font size=+1>Address to:-</font></font></b> <blockquote><b><font color="#FFFFFF"><font size=+1>PALS Action Group</font></font></b> <br><b><font color="#FFFFFF"><font size=+1>1A Shelley Drive</font></font></b> <br><b><font color="#FFFFFF"><font size=+1>Bletchley</font></font></b> <br><b><font color="#FFFFFF"><font size=+1>MK3 5BN</font></font></b> <br><b><font color="#FFFFFF"><font size=+1>                    To help, please contact Peter Shine on </font></font><font color="#33FF33"><font size=+2>372602</font></font></b> <br><b><font color="#33FF33"><font size=+2>Email:    <a href="mailto:P.A.L.S@btinternet.com">P.A.L.S@btinternet.com</a></font></font></b> <p><font size=+1><a href="#Sources">Additional Souces of Information</a></font> <p><b><font color="#33FF33"><font size=-1>For more Information on Shanks' Landfill Site <a href="Shanks.htm">Click here</a></font></font></b> <p><b><font color="#33FF33"><font size=+1>Meanwhile</font> <font size=+1>News from</font><font size=+2> </font><font size=+1><a href="http://www.notoxictip.co.uk" target="palsmain">RATS</a></font></font></b> <p><b><font color="#33FF33"><font size=+1>and news from Wales:-</font></font></b> <br><b><font size=+2><font color="#33FF33">The first Recommendation in the </font><font color="#993300"><a href="http://www.wales.gov.uk/keypubassemeplantrans/content/nant/home-e.htm">Final Report</a></font><font color="#33FF33"> of the Investigator to</font></font></b> <br><b><font color="#33FF33"><font size=+2> the National Assembly, published 7 Dec. 2001 reads</font></font></b> <br><b><font color="#33FF33"><font size=+1> "... there should be an end to household waste disposal at</font></font></b> <br><b><font color="#33FF33"><font size=+1> <a href="#EAReports:">Nantygwyddon</a>".</font></font></b> <br><b><font color="#FFFFFF"><font size=+1> The Investigator concluded:</font></font></b> <br><b><font color="#FFFFFF"><font size=+1> * enforcement of Waste Disposal License conditions has been inadequate</font></font></b> <br><b><font color="#FFFFFF"><font size=+1> * enforcement of Public Health/Environmental nuisance legislation has been inadequate</font></font></b> <br><b><font color="#FFFFFF"><font size=+1> * public health studies have so far been inadequate...</font></font></b> <br><b><font color="#FFFFFF"><font size=+1> * the open government and transparency often aspired to in theory has not applied...</font></font></b> <p><b><font color="#FFFFFF"><font size=+1> He also recommends</font></font></b> <br><b><font color="#FFFFFF"><font size=+1> "the National Assembly issue mandatory guidance to the Environment Agency Wales to require all the openness and transparency permitted by current legislation"</font></font></b> <p><b><font color="#FFFFFF"><font size=+1> "evidence of (any) wrong doing ... should be pursued with vigour so that individuals are held to account for their acts and omissions when exercising stewardship of public money"</font></font></b> <p><b><font color="#FFFFFF"><font size=+1> "the National Assembly.. considers the human rights implications of  the use of legal sanctions by public or quasi-public bodies to  restrain the activities of organisations such as RANT who organise protests against those bodies"</font></font></b> <p><b><font color="#FFFFFF"><font size=+1>"the National Assembly consider how communities may seek independent research and health risk appraisal to ... respond to inacti</font></font></b> <b><font color="#FFFFFF"><font size=+1>vity or failure by the regulatory/health protection bodies"</font></font></b> <p><b><font color="#FFFFFF"><font size=+1>   CONGRATS to <a href="Rant.htm">RANT</a> for lasting the months of the Investigation and winning these critical verdicts (and more) on our official</font></font></b> <br><b><font color="#FFFFFF"><font size=+1>protectors.</font></font></b> <br><b><font color="#FFFFFF"><font size=+1>     Max Wallis    (witness for FoE Cymru Network)</font></font></b></blockquote> <center><a NAME="Report3"></a><b><u><font color="#99FF99"><font size=+2><a href="report3.htm">Report for Council Liaison Meeting 13<sup>th</sup> June</a><a href="report3.htm#Introduction:"> 2001</a></font></font></u></b></center> <u><font color="#00FF00"><font size=+1><a href="report3.htm#Introduction:">1    Introduction</a></font></font></u> <br><u><font color="#00FF00"><font size=+1><a href="report3.htm#Community">2    Community Gas Monitoring</a></font></font></u> <br><u><font size=+1><a href="report3.htm#Flare"><font color="#00FF00">3 </font><b><font color="#99FF99">Flare Stack Emissions</font></b></a></font></u> <br><u><font size=+1><a href="report3.htm#Atmospheric"><font color="#00FF00">4 </font><b><font color="#99FF99">Atmospheric Dispersion Modelling of Landfill Emissions</font></b></a></font></u> <br><u><font color="#00FF00"><font size=+1><a href="#Summary">5</a><a href="report3.htm#Conclusions:">   Conclusions</a></font></font></u> <br><font size=+1><a href="report3.htm#References:">References</a></font> <center> <p><a NAME="Report2"></a><b><u><font color="#00FF00"><font size=+2>Report for Council Liaison Meeting 26<sup>th</sup> April 2001</font></font></u></b></center> <p><u><font color="#00FF00"><font size=+1><a href="#Introduction:">1    Introduction</a></font></font></u> <br><u><font color="#00FF00"><font size=+1><a href="#H2S">2    Hydrogen Sulphide</a></font></font></u> <br><u><font color="#00FF00"><font size=+1><a href="#H2SSources">3    Sources of Hydrogen Sulphide</a></font></font></u> <br><u><font color="#00FF00"><font size=+1><a href="#Legislation:">4    Legislation</a></font></font></u> <br><u><font color="#00FF00"><font size=+1><a href="#Summary">5    Summary/Conclusions</a></font></font></u> <br><font size=+1><a href="#Action">6    Action Required</a></font> <p><font size=+1>   <a href="#Footnote:"> Footnote on Nant-y-Gwyddon</a></font> <br><font size=+1>   <a href="#EAReports:"> Environmental Agency Reports</a></font> <br><font size=+1>   <a href="#NANT-Y-GWYDDON LANDFILL"> Nant-y-Gwyddon Landfill</a></font> <br><font size=+1>   <a href="#References:"> References</a></font> <p><a NAME="Introduction:"></a><b><font size=+1>Introduction:</font></b> <p><font size=+1>Correspondence we have received shows than a number of people have been inconvenienced by the odours from the Shanks Waste Solutions (SWS) site at Newton Longeville for some years. We have a number of letters and replies from the MKBC Environmental Health Officer. Over the last five years MKBC have held discussions with relevant parties and improvements to the situation have been anticipated.</font> <p><font size=+1>At the public meeting in Newton Longeville in February, SWS said it was going to take several weeks to resolve the problem.</font> <p><font size=+1>The odour problem over the last six months and at present is worse now than ever.</font> <p><font size=+1>Background:</font> <p><font size=+1>The odour is due, in the main, to a large concentration of hydrogen sulphide giving rise to the distasteful ‘bad eggs’ odour. I think we all agree that it is a matter of record that the odour is affecting a significant proportion of the population. The odour has reduced the amenity value and the quality of life in the surrounding area. As the warmer weather approaches we are, one again, forced inside our homes.</font> <p><font size=+1>It is a matter of record that SWS have failed to manage the site properly and there are a number of ‘non-compliances’, many of which are long standing as recorded in the Environment Agency site inspection reports. Briefly, these include, but are not limited to:</font> <ol> <li> <font size=+1>Inadequate gas control and monitoring systems</font></li> <li> <font size=+1>Inadequate leachate control and monitoring systems</font></li> <li> <font size=+1>Leachate levels too high and escaping onto the surface</font></li> <li> <font size=+1>Levels of landfill gas too high.</font></li> <li> <font size=+1>Inadequate availability of wheel washing facilities, bird and vermin control</font></li> <li> <font size=+1>Poor application of daily cover</font></li> <li> <font size=+1>Height of working face regularly too high</font></li> </ol> <font size=+1>At the MKBC liason meeting 26<sup>th</sup> March SWS accepted that they had not managed the site properly in the past. As discussed at the 4<sup>th</sup> April liason meeting and during visits to the site it is apparent that an area of particular concern is area C2 North where gas production/collection and leachate level, collection and control have been out of control .</font> <p><font size=+1>We would also note that at our meeting on the 4<sup>th</sup> April, SWS reported that little gas monitoring/measuring had taken place on the site. We understand that, following our meeting, suitable measuring equipment, provided by the EA, have shown that levels of hydrogen sulphide are high (in excess of 200ppm).</font> <p><font size=+1>In short, the management of the site has been very poor and in no way have SWS taken all ‘reasonable and practicable measures’ to prevent the escape of leachate and landfill gas (including hydrogen-sulphide).</font> <p><a NAME="H2S"></a><font size=+1><b>Hydrogen Sulphide</b>:</font> <p><font size=+1>The usual concentration of hydrogen sulphide in landfill gas is up to 100ppm (occaisionally higher). Measured well head levels at the Newton Longeville site are in excess of 200 ppm.</font> <p><font size=+1>Hydrogen Sulphide is a colourless, flammable and highly toxic gas with a strong and unpleasant odour of bad eggs (at low concentrations).</font> <dir> <dir> <dir> <dir><font size=+1>Effect of Hydrogen Sulphide on Humans:</font> <p><font size=+1>The HSE short term exposure limit is 15ppm and the long term limit is 10ppm.</font> <p><font size=+1>Death in humans can occur within a few minutes at a concentration of 700ppm. At these concentrations, hydrogen sulphide is odourless (due to olfactory fatigue) making it all the more hazardous.</font></dir> </dir> </dir> </dir> <font size=+1>Where does hydrogen sulphide come from? Generally, wastes with high sulphate contents may, upon anaerobic (oxygen deficient) decomposition produce hydrogen sulphide.</font> <p><font size=+1>Health & Safety:</font> <p><font size=+1>We would suggest that SWS have committed a serious breach of the Health & Safety at Work Act. It would also appear that SWS personnel involved in drilling new gas wells have been very lucky prior to the recent determination of gas levels. We are surprised at the complete lack of monitoring at the site and the unnecessary risks of death and serious injury to which site personnel have been exposed. This approach is almost pre-Victorian and is certainly not one we would expect from respected members of the Environmental Services Association (ESA).</font> <p><font size=+1>We understand that SWS will now be providing breathing apparatus for personnel involved with drilling wells.</font> <br>  <br>  <p><a NAME="H2SSources"></a><b><font size=+1>Sources of Wastes with Hydrogen Sulphide Generation Potential:</font></b> <p><font size=+1>We have evidence<sup>1</sup> which confirms that 48 tonnes of calcium sulphate effluent sludge (from sulphuric acid neutralisation process) was dumped in WDA/201 in April 1999.</font> <p><font size=+1>The Calcium Sulphate is classified as a Type R waste. The Waste Input Quarterly Return ending June 1999 (i.e. 28/03/99 – 26/06/99) schedules 48 tonnes of Type R waste was dumped at WDA/201 (Newton Longeville) and is described as ‘Hazardous non-special solid/sludge waste’ imported from <i>Rhondda Cynon Taff</i>.</font> <p><font size=+1>Whilst we believe this particular quantity is within permissible limits, there are limits placed on the daily depositing of this ‘difficult waste’ which is dependent upon the normal deposit rate of absorptive refuse. Basically, a certain quantity of inert or normal waste is required to effectively ‘dilute’ the difficult waste. The limit for such effluent sludges is 200 tones per month.</font> <p><font size=+1>Further inspection of the waste input returns reveals that for the period 28/09/97 to 26/06/99 a total of 4379 tonnes of Type R Waste were imported from <i>Rhondda Cynon Taff </i>to WDA/201. We would suggest that this hazardous sludge/waste is all calcium sulphate sludge.</font> <p><a NAME="Legislation:"></a><b><font size=+1>Legislation:</font></b> <p><font size=+1>Part 3 of the <i>Environmental Protection Act 1990 (EPA1990)</i> consolidated and strengthened existing controls over statutory nuisances. The powers allow for action to be taken by local authorities or individuals against a statutory nuisance that exists or is likely to occur or reoccur. Statutory nuisance include:</font> <p><font size=+1>Any dust, steam, smell or other effluvia from industrial, trade or business premises which are ‘prejudicial to health or a nuisance’.</font> <p><font size=+1>The granting of planning permission is NOT itself a defence. It can be a defence that the best practicable means were used to prevent or counteract the effects of the nuisance.</font> <p><font size=+1>It is clear from previous sections that due to poor management of the site the best practicable means were not used to prevent nuisance.</font> <p><font size=+1>Under <i>Common Law</i> the Tort of Nuisance is a described as an act or omission on certain land that unreasonably interferes with or disturbs another person’s right of enjoyment of other land. Public Nuisance is a criminal offence as well as a civil wrong and only applies if the defendant’s act or omission is affecting a <i>significant section of the public</i> as a whole. We propose that SWS have committed a criminal offence and a civil wrong.</font> <p><font size=+1>Following on from this is the Rule in Rylands v Fletcher – which imposes strict liability for all damage resulting from a person having brought something onto their land that is not naturally there and which is likely to ‘do mischief’ if it escapes – such as toxic chemicals. It is no evidence to prove that all possible precautions have been taken to prevent damage resulting from an escape.</font> <p><font size=+1><i>Trespass</i> to land occurs when there has been any unjustifiable intrusion by one person upon the land of another. Contaminants escaping from a site and entering upon the land of a neighbour could constitute a trespass. We propose that, at the very least, the mud and grit transported by lorry wheels from the site and which enters upon land along Newton Road constitutes a trespass.</font> <p><a NAME="Summary"></a><b>Summary/Conclusion:</b> <p><font size=+1>It is clear that SWS have managed the site WDA/201 badly as described above and by their own admission. We would suggest that the site manager at Newton Longeville whilst possibly being very capable was, never the less, inexperienced in the clean, safe and efficient management of such a large landfill site importing a large number of complex and dangerous wastes.</font> <p><font size=+1>The often reported poor (and non-existent for C2 North until relatively recently) management of engineered infrastructure for landfill gas and leachate control and monitoring is clear. In short, the site manager was incompetent by lack of inexperience/training and lacked the skills necessary.</font> <p><font size=+1>The importing of difficult and hazardous wastes such as calcium sulphate sludge from <i>Nant-y-Gwyddon</i> (<i>Rhondda Cynon Taff)</i> coupled with poor site management and control measures has led to the production of unusually high levels of hydrogen sulphide gas. The poor/non existent gas management system/infrastructure (including efficient flares) has led to the release of odorous concentrations of hydrogen sulphide into the environment which has and continues to affect a large area of Milton Keynes and surrounding areas.</font> <p><font size=+1>We propose that SWS have committed a breach of the Health & Safety at Work Act in connection with the high levels of hydrogen sulphide recently confirmed adjacent to well heads and the risks posed to site personnel working on such well heads (new or existing). It is only by good luck that a tragedy has not occurred.</font> <p><a NAME="Action"></a><b><u><font size=+1>Action Required:</font></u></b> <p><font size=+1>We propose that SWS have committed the criminal offence of Public Nuisance and that MKBC must now bring about a prosecution under <i>Common Law</i> on behalf of the people of Milton Keynes (whom they represent) who have for many years and at present continue to suffer the results of the incompetence of SWS.</font> <p><font size=+1>We propose that SWS have committed offences under the EPA1990 and that MKBC and the EA work together to bring about a prosecution.</font> <p><font size=+1>We propose that the EA exercise their powers to suspend the importing of waste into the site until such time as the above court cases have been concluded.</font> <p><font size=+1>We require the Environment Agency to appoint a firm of specialist environmental consultants to carry out the following work:</font> <p><font size=+1>(i) Analyse the composition of raw LFG in the body of the site from existing boreholes and wells</font> <br><font size=+1>(ii) Critically appraise the LFG controls and management practices.</font> <br><font size=+1>(iii) Monitor the air quality of the atmosphere within the boundary of the site.</font> <br><font size=+1>(iv) Monitor the air quality in the surrounding communities.</font> <br><font size=+1>(v) Assess the findings in respect of health and annoyance reference levels</font> <br><font size=+1>(vi) Carry out modelling of LFG emissions.</font> <br><font size=+1>(vii) Make recommendations for site improvements.</font> <p><font size=+1>We require MKBC to Borough Council agreed to commission a health study.</font> <p><a NAME="Footnote:"></a><b><font size=-1>Footnote:</font></b> <p><b>In 1997, following numerous complaints by local residents of foul odours, calcium sulphate waste importing operations into the landfill site at <i>Nant-y-Gwyddon</i> were successfully prohibited by the EA. The odours were confirmed as hydrogen sulphide gas produced by the anaerobic decomposition of calcium sulphate sludge dumped into the site.</b> <p><b>The are two points to note:</b> <ol> <li> <b>Landfill sites can be closed by the authorities following complaints from residents of foul odours from hydrogen sulphide gas.</b></li> <li> <b>We propose that, since the landfill site at <i>Nant-y-Gwyddon</i> was prohibited from importing calcium sulphate filter cake from January 1997, the calcium sulphate sludge produced in South Wales and earmarked for disposal at that tip was sent to WDA/201 instead.</b></li> </ol> <b>We require confirmation from SWS/EA whether calcium sulphate sludge produced in South Wales is still being dumped at WDA/201 in preference to <i>Nant-y-Gwyddon.</i></b> <br>  <br>  <p><a NAME="EAReports:"></a><b><u>Environment Agency Reports:</u></b> <p><font face="Arial"><font size=-1>Located at: <a href="http://www.landfill-solutions.org.uk/pages/page22.htm">http://www.landfill-solutions.org.uk/pages/page22.htm</a></font></font> <br>  <br>  <br>  <table BORDER=0 CELLSPACING=0 CELLPADDING=4 WIDTH="586" > <tr> <td VALIGN=TOP WIDTH="16%"> </td> <td VALIGN=CENTER WIDTH="84%"><b><font face="Arial"><font size=-1>NANT-Y-GWYDDON LANDFILL</font></font></b></td> </tr> <tr> <td VALIGN=CENTER WIDTH="16%"> <div align=right><font face="Arial"><font size=-1>Doc Reference:</font></font></div> </td> <td VALIGN=CENTER WIDTH="84%"><font face="Arial"><font size=-1>SE/EP/12</font></font></td> </tr> <tr> <td VALIGN=CENTER WIDTH="16%"> <div align=right><font face="Arial"><font size=-1>Author:</font></font></div> </td> <td VALIGN=CENTER WIDTH="84%"><font face="Arial"><font size=-1>Claire.mccorkindale@environment-agency.gov.uk</font></font></td> </tr> <tr> <td VALIGN=CENTER WIDTH="16%"> <div align=right><font face="Arial"><font size=-1>Date Published:</font></font></div> </td> <td VALIGN=CENTER WIDTH="84%"><font face="Arial"><font size=-1>08-Jun-2000</font></font></td> </tr> <tr> <td VALIGN=TOP WIDTH="16%"> <div align=right><font face="Arial"><font size=-1>Keywords:</font></font></div> </td> <td VALIGN=CENTER WIDTH="84%"><font face="Arial"><font size=-1>Nant-y-Gwyddon, landfill, leachate, Rhondda, Waste</font></font></td> </tr> <tr> <td VALIGN=TOP WIDTH="16%"> <div align=right><font face="Arial"><font size=-1>Text:</font></font></div> </td> <td VALIGN=CENTER WIDTH="84%"><font face="Arial"><font size=-1>NANT Y GWYDDON LANDFILL </font></font> <br><font face="Arial"><font size=-1>RHONDDA, SOUTH WALES </font></font> <br>  <p><font face="Arial"><font size=-1>1.0 INTRODUCTION</font></font> <p><font face="Arial"><font size=-1>1.1 Since April 1996 the Environment Agency, in addition to its normal regulatory actions has conducted specific studies and contributed to studies by others to quantify odour problems, investigate alleged health concerns of local communities and impacts on the local environment. A considerable amount of resources have been utilised by the Agency in responding proactively to its statutory duties under the Environmental Protection Act 1990. </font></font> <p><font face="Arial"><font size=-1>2.0 BACKGROUND TO SITE </font></font> <p><font face="Arial"><font size=-1>2.1 The Nant-y-Gwyddon landfill site became operational in January 1988, being developed and operated by Rhondda Borough Council (who since 1996 are part of Rhondda Cynon Taff County Borough Council (RCT) ). The site was designed as an engineered containment landfill and was built with the aid of two EC grants. At the time of development there was great local opposition. </font></font> <p><font face="Arial"><font size=-1>2.2 Following legislative requirements of the Environmental Protection Act 1990 to separate roles of operator and regulator, a local authority waste disposal company, Rhondda Waste Disposal Ltd, was formed and a Waste Management Licence was granted under section 35 of the Environmental Protection Act 1990 by the Rhondda Borough Council on 15 March 1995. The site is licensed to accept household; non-special commercial and industrial wastes (192,000 tonnes per year max.). The site is approximately half full of its total capacity 1.6m tonnes. </font></font> <p><font face="Arial"><font size=-1>3.0 ACTION TAKEN BY THE ENVIRONMENT AGENCY WALES</font></font> <p><font face="Arial"><font size=-1>3.1 Since April 1996 the Agency has been carrying out its duty via the following activities: </font></font> <p><font face="Arial"><font size=-1>(i) Site inspections. </font></font> <br><font face="Arial"><font size=-1>(ii) Provision of a 24 hour (freephone line) incident response service. </font></font> <br><font face="Arial"><font size=-1>(iii) Robust enforcement action. </font></font> <br><font face="Arial"><font size=-1>(iv) Regular liaison with other regulatory bodies. </font></font> <br><font face="Arial"><font size=-1>(v) Liaison with local community groups and representatives (RANT). </font></font> <p><font face="Arial"><font size=-1>3.2 In June of 1996 the Agency began to receive complaints of odour from the site but the odours were transient and difficult to substantiate and quantify. </font></font> <p><font face="Arial"><font size=-1>3.3 In Autumn 1996 the Agency began to consider the breakdown of calcium sulphate filter cake as a contributory cause since under certain conditions this could produce hydrogen sulphide with its characteristic rotten eggs smell which exacerbated the odour of landfill gas (LFG). </font></font> <p><b><font face="Arial"><font color="#00FF00"><font size=-1>3.4 In January 1997 the Agency initiated enforcement action by modifying the company's waste management licence and required the company to carry out three actions: </font></font></font></b> <br><b><font face="Arial"><font color="#00FF00"><font size=-1>(ii) A technical review of landfill gas management within three months. </font></font></font></b> <br><b><font face="Arial"><font color="#00FF00"><font size=-1>(ii) A technical review of leachate management within 3 months. </font></font></font></b> <br><b><font face="Arial"><font color="#00FF00"><font size=-1>(iii) The immediate cessation of deposit of waste containing more than 10% by weight calcium sulphate. </font></font></font></b> <p><font face="Arial"><font size=-1>The company did lodge an appeal with the Secretary of State for Wales in respect of (iii) above but this was subsequently withdrawn. The company produced the technical review reports on LFG but the Agency required further work on the leachate report. </font></font> <p><font face="Arial"><font size=-1>3.5 Concern persisted and a number of public meetings were held, chaired by the local MP Allan Rogers to examine fears of the local community regarding the potential health effects from the site. The Agency actively participated in these meetings and responded positively wherever possible to the concerns raised. <font color="#0000FF">The main health concern focused on the unknown levels of LFG being emitted from the site .The Agency responded by agreeing to commission consultants to carry out a comprehensive study and Rhondda Cynon Taff County Borough Council agreed to commission a health study. </font></font></font> <br>  <p><b><font face="Arial"><font color="#00FF00"><font size=-1>3.6 In June 1997, the Agency commissioned Entec, a firm of specialist environmental consultants to carry out the following work: </font></font></font></b> <p><b><font face="Arial"><font color="#00FF00"><font size=-1>(i) Analyse the composition of raw LFG in the body of the site from existing boreholes and wells </font></font></font></b> <br><b><font face="Arial"><font color="#00FF00"><font size=-1>(ii) Critically appraise the LFG controls and management practices. </font></font></font></b> <br><b><font face="Arial"><font color="#00FF00"><font size=-1>(iii) Monitor the air quality of the atmosphere within the boundary of the site. </font></font></font></b> <br><b><font face="Arial"><font color="#00FF00"><font size=-1>(iv) Monitor the air quality in the surrounding communities. </font></font></font></b> <br><b><font face="Arial"><font color="#00FF00"><font size=-1>(v) Assess the findings in respect of health and annoyance reference levels </font></font></font></b> <br><b><font face="Arial"><font color="#00FF00"><font size=-1>(vi) Carry out modelling of LFG emissions. </font></font></font></b> <br><b><font face="Arial"><font color="#00FF00"><font size=-1>(vii) Make recommendations for site improvements. </font></font></font></b> <p><b><font face="Arial"><font color="#00FF00"><font size=-1>3.7 In July 1997 a demonstration by the local protest group RANT (Rhondda Against Nant-y-Gwyddon Tip), caused the company to withdraw site personnel. This meant that apart from site security staff no one attended the site on a regular basis to operate and maintain the LFG and leachate control equipment. The Agency decided the situation was serious and took the matter to the High Court, using for the first time a provision under section 6 of the Environment Act 1995. The High Court found in favour of the Agency on the 25 July and issued an Injunction against the Directors of the company that required them to maintain the LFG and leachate equipment. The company met the requirements of the Injunction and company personnel returned to the site. </font></font></font></b> <p><b>3.8 In January 1998 the Agency received the final version of the Entec report, which found that levels of hydrogen sulphide within the site were substantially above those normally found in landfill sites elsewhere in the UK. <font face="Arial"><font size=-1><font color="#00FF00">Transient plumes of emissions of hydrogen sulphide into the surrounding communities were found above W.H.O annoyance levels but well below any reference levels for known health effects. The report made a number of recommendations for the alleviation of the odour and leachate problems .The Agency immediately placed the report on the public register and distributed copies to all interested parties. A public meeting was also held to discuss the findings with the local communities in addition to meetings with the operator, Rhondda Cynon Taff County Borough Council, Bro Taf Health Authority and RANT.</font></font></font></b><font face="Arial"><font size=-1> Although there were criticisms over the time taken for the consultants to produce the report there was very little disagreement on the findings from the operator. </font></font> <p><font face="Arial"><font size=-1>3.9 On the 8 May 1998 the Agency imposed a major modification to the licence requiring the company to undertake a number of works to solve odour and leachate problems at the site as a matter of urgency, namely: </font></font> <p><font face="Arial"><font size=-1>A) Cap the existing tipped area with an impermeable gas barrier; </font></font> <br><font face="Arial"><font size=-1>B) Design, construct and maintain a landfill gas management and control system at the site to ensure that all gas generated at the site is collected and burnt in a high-temperature flare in order to destroy any odorous components, and minimise any combustion by-products. </font></font> <br><font face="Arial"><font size=-1>C) Continuously and accurately monitor the atmosphere within the site boundary and at three points in the community for hydrogen sulphide and sulphur dioxide. </font></font> <p><font face="Arial"><font size=-1>D) Keep records of wind/speed and direction, temperature, rainfall, atmospheric pressure and relative humidity. </font></font> <br><font face="Arial"><font size=-1>E) Procure financial provision to discharge the above obligations relating to air quality monitoring. </font></font> <br><font face="Arial"><font size=-1>F) Carry out works to the leachate management system. </font></font> <br><font face="Arial"><font size=-1>G) Undertake a risk assessment of the existing un-tipped lined area of the site (Phase 2) to demonstrate its suitability for accepting further waste deposits. No wastes to be deposited there until this risk assessment has been undertaken and any defects remedied. </font></font> <p><font face="Arial"><font size=-1>The compliance period for the works required by the Notice was 6 months from date of service. </font></font> <p><font face="Arial"><font size=-1>3.10 The company responded to the modification by threatening, in late May 1998, to close the site and commence winding up the company unless Rhondda Cynon Taff County Borough Council, the owners of the company, provided additional funds. At the end of June 1998, the company secured the necessary funding from Rhondda Cynon Taff County Borough Council to enable them to undertake the works. The total cost of the works was estimated to be £1.6 m. Rhondda Cynon Taff County Borough Council provided share capital of £1.1m and £500,000 was found from the company. </font></font> <p><font face="Arial"><font size=-1>3.11 In late October 1998 progress on site indicated that the Agency's deadline of November would not be met in full but would be met by mid December weather permitting. The company was also seeking alternative approaches from the Agency on the matter of air quality monitoring but did not wish to appeal against the modification notice. </font></font> <p><font face="Arial"><font size=-1>A meeting was then held with the company on the 11 November at which progress against the third modification was reviewed. The position was :- </font></font> <p><font face="Arial"><font size=-1>(i) Ten modification conditions had been met. </font></font> <br><font face="Arial"><font size=-1>(ii) Two had not been completed - site capping and air quality monitoring. </font></font> <br><font face="Arial"><font size=-1>(ii) One (relating to the need for a risk assessment on the un-tipped area) was agreed to be deferred. </font></font> <p><font face="Arial"><font size=-1>Whilst recognising the company's efforts the Agency was very concerned that the principal recommendation to cap the site had not been completed. The Agency also reaffirmed the need for the air quality monitoring and advised the company that if they had difficulties accepting this to lodge an appeal before the expiry of the statutory period . </font></font> <p><b><font face="Arial"><font color="#00FF00"><font size=-1>3.12 It became apparent to the Agency that the capping methodology chosen by the company was seriously flawed and the deadline of mid-December could not be met. Consequently the Agency decided to prosecute the company for failing to comply with the modification condition relating to capping the site and also served a further enforcement Notice requiring the completion of the cap by March 1999 and the submission of an air quality monitoring programme by February 1999. </font></font></font></b> <p><font face="Arial"><font size=-1>3.13 Just prior to Christmas 1998 the company lodged a petition in the High Court to seek an Administration Order and wrote to the Welsh Office requesting them to hear a late appeal against the majority of the Agency's modification conditions imposed in May 1998. The Agency was extremely concerned that these developments would delay completion of the works and took the decision to intervene in the hearing for the Administration Order. </font></font> <p><font face="Arial"><font size=-1>3.14 Between January and September 1999 the Agency made strenuous efforts to ensure the site's environmental impact was minimised by the Administrator and made robust representations in the High Court to ensure the Agency's concerns were understood. </font></font> <p><font face="Arial"><font size=-1>3.15 Unfortunately the Administrator raised a legal challenge as to the ability of the Agency to take proceedings against a company subject to an Administration Order without the approval of the High Court. The Agency challenged this claim. Although losing an Appeal to the High Court, the Agency won an Appeal at the Court of Justices in February 2000. Subsequently on the 27th March 2000 Rhondda Waste Disposal Ltd were found guilty of an offence under the Environmental Protection Act 1990 for failing to complete the outstanding capping works. The company was fined £20,000 and costs of £11,365 were awarded to the Agency. </font></font> <p><font face="Arial"><font size=-1>3.16 On 22 September 1999 the Agency formally transferred the waste management licence from Rhondda Waste Disposal Ltd to Amgen Rhondda Ltd. Amgen Rhondda Ltd, is a subsidiary of Cynon Valley Waste Disposal Company Ltd., which is another LAWDC owned by Rhondda Cynon Taff County Borough Council. Rhondda Cynon Taff County Borough Council have provided a further capital injection of £900k to enable Amgen Rhondda Ltd to commence the outstanding works. </font></font> <p><font face="Arial"><font size=-1>3.17 Amgen Rhondda Ltd has undertaken a programme of works at the site to prevent the site causing odour annoyance and improve leachate controls. The following actions have been undertaken by the company </font></font> <p><font face="Arial"><font size=-1>(i) Air Quality Monitoring Programme commenced March 2000 </font></font> <p><font face="Arial"><font size=-1>(ii) Leachate Pipeline Renewal completed August 2000 </font></font> <p><font face="Arial"><font size=-1>(iii) Permanent and Intermediate capping of the site programmed to be completed by October 2000 </font></font> <br>  <p><font face="Arial"><font size=-1>4.0 WORK WITH OTHER BODIES </font></font> <p><b><font face="Arial"><font color="#00FF00"><font size=-1>4.1 The Agency recognises that whilst it has a statutory duty to ensure waste management licensed sites do not cause pollution of the environment, harm to human health or serious detriment to the local amenity, other regulatory bodies have legitimate interest in the site. The Agency has worked closely with the following in a partnership approach:- </font></font></font></b> <p><b><font face="Arial"><font color="#00FF00"><font size=-1>- Environmental Health - Rhondda Cynon Taff County Borough Council, in respect of their statutory nuisance and air quality responsibilities. </font></font></font></b> <br><b><font face="Arial"><font color="#00FF00"><font size=-1>- HSE - in respect of the occupational health aspects. </font></font></font></b> <br><b><font face="Arial"><font color="#00FF00"><font size=-1>- Bro Taf Health Authority - who have the lead responsibilities for determining public health priorities. The Agency has contributed information to various health studies commissioned by Bro Taf Health Authority, e.g. Professor S Palmer, Combined Centre for Public Health, University of Wales, College of Medicine. </font></font></font></b> <p><b><font face="Arial"><font color="#00FF00"><font size=-1>4.2 Whilst there has been no causal link established by any of the health studies, several recommendations have been taken forward as part of the recently announced ill health and landfill research programme which is jointly funded by Dept. of Health, DETR, National Assembly for Wales and MAFF. The Agency will contribute to these studies at Area, Regional and National levels. </font></font></font></b> <p><font face="Arial"><font size=-1>4.3 The challenges presented by the wastes generated in our society cannot be underestimated. Any potential risks to health from landfills today must be assessed alongside other risks, often well known and greater in effect, as well as considering what improvements have been made over the past few decades. At present there are no available alternatives for waste disposal in SE Wales. However, whilst the Agency is committed to ensuring that it is a robust yet fair regulator it is actively promoting more sustainable waste management practices amongst all sectors of communities which will hopefully result in a reduced reliance upon landfill within time scales set by the anticipated EU Landfill Directive. </font></font></td> </tr> </table> <p><font face="Arial"><font size=-1>Located at: <a href="http://www.environment-agency.gov.uk/modules/MOD38.198.html">http://www.environment-agency.gov.uk/modules/MOD38.198.html</a></font></font> <br>  <table BORDER=0 CELLSPACING=0 CELLPADDING=3 WIDTH="584" > <tr> <td VALIGN=TOP><a NAME="NANT-Y-GWYDDON LANDFILL"></a><b><font face="Arial"><font size=-1>NANT-Y-GWYDDON LANDFILL SITE -</font></font></b> <br><b><font face="Arial"><font size=-1>THE HISTORY AND CURRENT POSITION</font></font></b> <p><font face="Arial"><font size=-1>Author: Dom Hutchings</font></font> <p><font face="Arial"><font size=-1>Email: <a href="mailto:dom.hutchings@environment-agency.gov.uk">dom.hutchings@environment-agency.gov.uk</a></font></font> <p><font face="Arial"><font size=-1>Nant-y-Gwyddon landfill site is situated at an elevation of 330 metres on the mountain top at Mynydd-y-Gelli, in the county of Rhondda Cynon Taff in South Wales. The municipal, commercial and non-special-industrial waste disposal facility was developed in 1987 by the then Rhondda Borough Council and it occupies 24 hectares. The remaining void space in March 1999 was approximately 840,000 cubic metres. It was the first contained site in Wales, provided with a synthetic liner, with leachate* being collected and discharged to the public foul sewer. </font></font> <p><font face="Arial"><font size=-1>*Leachate is the liquid produced when rainfall percolates through the waste. It contains substances leached out of the waste and is highly polluting. </font></font> <p><font face="Arial"><font size=-1>In 1991, following government policy at the time, an "arms length" local authority waste disposal company (LAWDC), Rhondda Waste Disposal Limited (RWDL), was created to run the site. The company was vested by the Secretary of State for Wales on 20 March 1995. The council, which was the waste regulation authority at the time, granted RWDL a waste management licence under the Environment Protection Act 1990. </font></font> <p><font face="Arial"><font size=-1>The licence, and its conditions, is a legal document which specifies the performance that is expected of companies who operate waste disposal sites. In this way waste companies are responsible for all the operational activities at the site whilst the regulator supervises and enforces the conditions of the licence to ensure the operation does not cause pollution of the environment, harm to human health or serious detriment to the amenities of the locality. RWDL sub-contracted the operation of the Nant-y-Gwyddon site to 3 C Waste Limited. </font></font> <p><font face="Arial"><font size=-1>In 1995 the site received an industrial filter cake waste containing 50% calcium sulphate. This waste, under anaerobic (without air) conditions found in waste disposal sites, converts into hydrogen sulphide gas with the familiar "bad eggs" odour. In the same year a television programme explored allegations of "toxic effects" of this filter cake upon the site's workforce. The then regulation authorities did not share this concern and the council did not seek to prohibit the deposit of the waste. Accordingly deposit continued. </font></font> <p><font face="Arial"><font size=-1>The Environment Agency was established in April 1996 and took over the regulation of the site from the council. In June 1996 the Agency began to receive complaints of odour originating allegedly from the site and local residents expressed concern that emissions from the site could be having an adverse effect on their health. Reports of leachate polluting local watercourses were also received. The complaints came from the communities of Clydach Vale, Tonypandy and Gelli. Through regular inspection of the site, Agency officers confirmed the presence of odours on site and advised the company to improve the daily cover over the waste and implement better management of the landfill gas*, produced when waste breaks down. Despite frequent site inspections, meetings, correspondence and warnings of enforcement action the problems continued. </font></font> <p><font face="Arial"><font size=-1>Landfill gas is produced by the decomposition of organic material contained in the waste. The gas is composed mainly of methane, hydrogen and carbon dioxide but it also contains many minor constituents, some of which are odorous. </font></font> <p><font face="Arial"><font size=-1>In January 1997 the Agency modified the waste management licence, prohibiting the further deposit of calcium sulphate filter cake and requiring the company to undertake technical reviews of the landfill gas and leachate management systems at the site. The company appealed to the Secretary of State for Wales against the prohibition . </font></font> <p><font face="Arial"><font size=-1>The landfill site was generating a great deal of concern locally and residents formed a local action group, Rhondda Against Nant-y-Gwyddon Tip (RANT). Odour problems intensified despite improved cover and landfill gas management by the company. </font></font> <p><font face="Arial"><font size=-1>In April 1997 the company submitted a report by their consultants, C.L.Associates, on the technical reviews which identified significant levels of hydrogen sulphide gas generation within the site and deficiencies in the landfill gas and leachate management systems. This report and others are available on the Agency's public register. Local residents continued to voice their concern about odours from the site. The company withdrew its appeal against the prohibition of calcium sulphate waste after receipt of the C.L.Associates report and deposits were stopped. </font></font> <p><font face="Arial"><font size=-1>Around this time local residents began picketing the site and the company alleged that their staff were intimidated. Waste inputs to the site were suspended and company staff did not attend site on a daily basis. The site's pollution control equipment, in particular that controlling landfill gas and leachate ceased to operate. Odorous gases escaped freely from the site. The Agency immediately wrote to the company expressing its concerns. But following no action from the company, the Agency modified the licence on 11 July 1997 requiring the company to operate and maintain the existing systems and to install a whole-site landfill gas collection system with purpose-designed high temperature flare. </font></font> <p><font face="Arial"><font size=-1>The site continued to be picketed and the company failed to re-start the pollution control systems. On 21 July 1997 the Agency served an Enforcement Notice on the company requiring them to comply with the licence within 3 days. The company failed to comply so the Agency obtained a High Court Injunction on 25 July 1997, which succeeded in getting the company to re-start the systems. This was the first time in the UK that this specific legislation had been used for this purpose. </font></font> <p><font face="Arial"><font size=-1>In June 1997, in response to the continuing problems being caused by the site, the Agency appointed consultants, Entec, to carry out detailed monitoring programmes to assess the impact of the site on adjoining communities from landfill gas emissions and to report on the operational management of the site generally. </font></font> <p><font face="Arial"><font size=-1>The report was received in January 1998 and it concluded that there were many deficiencies at the site and that the landfill gas from the site, together with the hydrogen sulphide, which it contained in high quantities, was the cause of odours in the surrounding communities. However, the levels of hydrogen sulphide measured in the community were well below those likely to cause adverse health effects. The Entec report made several recommendations to improve the gas and leachate management systems on the site and to provide air quality monitoring. The report is also available on the Agency's public register. </font></font> <p><font face="Arial"><font size=-1>Acting on the recommendations of the Entec report, the Agency modified the waste management licence again on 8 May 1998. This, in essence, required the company to carry out major remedial works on the site, and in particular to cap the existing waste filled area with an impervious cap to prevent the uncontrolled release of landfill gas. Improvements to the leachate management system and provision of air quality monitoring were also required. The works had to be completed by 12 November 1998. </font></font> <p><font face="Arial"><font size=-1>Before commencement of the works the company applied for and received substantial funding from the council, by way of a share issue, because they could not otherwise afford to pay for all the works. The Agency received the company's final proposals for remediation of the site on 30 September 1998. </font></font> <p><font face="Arial"><font size=-1>Although the company made substantial progress on carrying out the works by the deadline, including improvements to the gas and leachate collection systems, they failed to begin capping the site. The Agency consequently notified the company that it would begin criminal proceedings for failing to comply with the capping requirement of the licence. Shortly after this 3 Cs withdrew their services to RWDL. </font></font> <p><font face="Arial"><font size=-1>The company continued their efforts to complete the cap but deteriorating weather conditions made this impractical. On 24 December 1998 the company asked the Secretary of State for Wales for an extension of time over and above the six month period which had long since elapsed, within which to appeal the last notice of modification. Despite this request the conditions are in force and non-compliance is an offence. The planning inspecorate who are handling the above appeal are seeking further information from the administrator before deciding whether or not to accept it. </font></font> <p><font face="Arial"><font size=-1>The company, also on 24 December 1998, applied to the High Court for an Administration Order because of the financial difficulties it found itself in, brought on allegedly by the requirement to remedy the problems on site. The Order was granted just before the Agency issued proceedings on 19 January 1999 in the magistrate's court against the company for non-compliance with the licence. </font></font> <p><font face="Arial"><font size=-1>On 31 March 1999 the Stipendiary Magistrate adjourned the prosecution case until 26 May 1999, pending the High Court's consideration of the matter on 17 May 1999. On 21 April 1999 the High Court gave the Administrator until 7 June 1999 to negotiate a rescue package with parties interested in purchasing the business of RWDL. </font></font> <p><font face="Arial"><font size=-1>The Agency continues to inspect and regulate the site robustly. The High Court has ordered the Administrator to operate and maintain all the pollution control systems on the site and to comply with the licence, save completion of the cap and provision of additional monitoring, pending sale of the business to another company. </font></font> <p><font face="Arial"><font size=-1>The Agency hopes to be granted leave by the High Court to continue its prosecution of the company, which it believes to be still in the public interest. </font></font> <p><font face="Arial"><font size=-1>A major fire occurred at the site on the night of 22 April 1999, when tyres were set alight by intruders. The fire service, police and Agency officers were quickly in attendance and the fire was extinguished in about 4 hours. Agency staff satisfied themselves that there was no further risk to the site and the environment. The tyres were brought on site with the Agency's permission to be used for engineering purposes to hold down the temporary capping. They are now no longer required for this purpose and the Agency has instructed the company to remove them off-site, which they had already started to do just before the fire. The Agency has pursued enquiries with the fire service and police, as it regards the incident as suspicious and an environmental crime, but no evidence pointing to those responsible has come to light.</font></font> <br><font face="Arial"><font size=-1>6.5.99 </font></font></td> </tr> </table> <p><a NAME="References:"></a><b><u><font size=-1>References:</font></u></b> <p><font size=-1>1 Site WDA/201 Audit Report; Environment Agency – October 1999.</font> <p><a NAME="Sources"></a><font color="#33FF33">          <font size=+2>Additional Information Sources</font></font> <p><b><font color="#33FF33"><font size=+2><a href="Birthdefectlink.htm">Birth Defects</a></font></font></b> <br><b><font color="#33FF33"><font size=+2><a href="Incineration.htm">Incineration</a></font></font></b> <br><b><font color="#33FF33"><font size=+2><a href="Rant.htm">Rant</a></font></font></b> <br><b><font color="#33FF33"><font size=+2><a href="http://www.act.gov.au/NOWASTE/WASTESTRATEGY/">Australia Waste Strategy</a></font></font></b> <br><b><font color="#33FF33"><font size=+1>also <a href="http://www.foe.org/ptp/manual.html">Guide to sites</a></font></font></b> <br><b><font color="#33FF33"><font size=+1><a href="http://www.gfredlee.com/plandfil2.htm.">Publications</a></font></font></b> <br><b><font color="#33FF33"><font size=+1>     <a href="http://www.ejnet.org/landfills">Landfill Leaks</a></font></font></b> <br><b><font color="#33FF33"><font size=+1>     <a href="http://www.mabe.org.uk/page3.html">Mabe Site</a></font></font></b> <br><b><font color="#33FF33"><font size=+1>     <a href="http://www,shad.fsworld.co.uk">Cotswold Site</a></font></font></b> <br><b><font color="#33FF33"><font size=+1>     </font></font></b><a href="http://www.notoxictip.co.uk">RATS</a> <br><b><font color="#33FF33"><font size=+1>and a <a href="http://nobrantfill.freeservers.com/">US site</a></font></font></b> <br><b><font color="#33FF33"><font size=+1>For BMJ Paper  <a href="http://www.bmj.com/cgi/content/abstract/323/7309/363">  Abstract</a></font></font></b> <br><b><font color="#33FF33"><font size=+1>                          <a href="http://www.bmj.com/cgi/content/full/323/7309/363">    Content</a></font></font></b> <br><b><font color="#33FF33"><font size=+1><a href="http://www.shad.fsworld.co.uk/index.htm">also see</a></font></font></b> <h5> <b><font size=+1> <a NAME="Kingsteignton"></a>Kingsteignton and District Residents Environmental Awareness Group </font></b>(KDREAG)</h5> This web site was started in 1999 in response to a number of environmental issues being brought before the planning authorities. However, the pressure of work and family commitments prevented it getting past the draft stage. <br>    It was initially conceived to :- <br>                To monitor District and County Planning Applications which will affect our environment <br>                To inform residents affected by these planning applications <br>                To represent group views and concerns to the relevant authorities <br>The Smells and Flies of Kingsteignton, Chudleigh and Chudleigh Knighton has now generated a new demand for this type of site.The planning authorities charge for copies of plans, solicitors are expensive to employ and printing leaflets is also costly. Advertising on the web is being offered at £10 per page per year. The money received will be used to help finance these cost. <p><a href="http://www.uk-e.co.uk/kdreag">Click to Enter Site</a> <p><b><i><font face="Sans Serif 5cpi"><font size=-1><a href="index.htm">Home </a><a href="Shanks.htm">News</a></font></font></i></b> <script language='javascript'>document.write('<img src="http://sitebuilder.freeserve.com/servlets/istat?site=WestBletchley&page=/pals.html&outil=ftpweb&n=' + Math.round(Math.random()*100000) + '" width=1 height=1>'); </script> </body> </html>