Newcastle-under-Lyme Borough Council is preparing legal action against the operators of Walleys Quarry landfill site for alleged breaches of an Abatement Notice.
On 8 April, the Council said it notified Walleys Quarry that the site operator had “failed to properly control emissions” from the landfill.
An Abatement Notice became enforceable in March 2023 following a successful legal action brought by the Borough Council. It obliges the operator to not create or allow statutory odour nuisance.
As part of the Abatement Notice, Walleys Quarry acknowledged that its site was the source of “community complaint” and that it must control odour problems by “the best practicable means”.
The Council can pursue a prosecution against the landfill if it considers the operator has failed to follow best practices and that the failure has affected the community. Permission to bring a prosecution would have to be granted by the Environment Secretary because the site is regulated by the Environment Agency.
Simon McEneny, Interim Chief Executive of Newcastle-under-Lyme Borough Council, commented: “Since the Abatement Notice came into effect we have been monitoring the odour in the communities near Walleys Quarry, with officers visiting people’s homes to take readings when necessary day or night.
“There is a formal process of evidence gathering for our officers to follow and that has taken time, however, we now believe that the operator has failed to properly control emissions and as a consequence, we are preparing to take legal action. We will provide more details to residents in due course.”
Between 25 and 31 March, a mobile monitoring facility installed by the Environment Agency 0.3km from Walleys Quarry showed hydrogen sulphide concentrations were above the World Health Organisation odour annoyance guideline level 37.8% of the time, an increase on the previous week.
Walleys Quarry has been subject to numerous complaints over foul-smelling odours. A petition started by Aaron Bell, MP for Newcastle-Under-Lyme, calling for the landfill site to be closed has over 8,000 signatures.
We refute these allegations and should the council proceed, we will of course consider our response under the advice of our legal team.
Commenting on the announcement, a spokesperson for Walleys Quarry said: “Walleys Quarry would urge Newcastle-under-Lyme Borough Council to reconsider any proposed legal action. We instead ask them to discuss their concerns with us as part of our ongoing collaborative efforts to see the best outcomes for the community.
“We refute these allegations and should the council proceed, we will of course consider our response under the advice of our legal team.
“Walleys Quarry has made demonstrable, substantial and sustained progress in our capping programme as well as with efforts to minimise emissions from the site as we continue to use Best Practicable Means with the eventual objective of ceasing landfill operations and completing restoration onsite.”
Last month, the Environment Agency lifted a suspension notice it issued to Walleys Quarry, which prohibited the site from accepting and disposing of non-inert waste specified in its permit. The regulator said it was satisfied the steps required have been completed.
Walleys Quarry, which appealed against the Notice to the Planning Inspectorate, told Circular Online that withdrawing the Notice was the correct decision and called it “inappropriate and ill-conceived”.
