Landfill Sites: Odour

Rebecca Pow Excerpts

Tuesday 25th February 2020 Westminster Hall

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Rebecca Pow)]

It is a pleasure to serve under your chairmanship, Sir Christopher; I do not think I have had the pleasure of doing so before. I must congratulate my hon. Friend the Member for Newcastle-under-Lyme (Aaron Bell) on bringing this debate to our attention. I know that his predecessor worked hard locally with the Environment Agency and other partners to try to identify a solution for the problems that he raises, and I commend him for standing up vociferously for his constituency. It is absolutely the right thing to do.

I appreciate concerns about material entering landfill, and I have stressed in many other recent debates on landfill and incineration—it seems to be flavour of the month—that the Government’s attention remains very firmly on reduce, reuse and recycle so that we can level up the country and move towards a much more circular economy with greater resource efficiency. My hon. Friend referred to that and acknowledged that we are moving in that direction. The measures set out in our ambitious resources and waste strategy and in our landmark Environment Bill, which will receive its Second Reading tomorrow in the Chamber, will minimise the amount of waste that reaches the lower levels of the waste hierarchy. That of course includes landfill, because that is right at the end of the chain.

[James Gray]

Does the Minister agree that Crapper & Sons Landfill is a classic example of what she is talking about? Of the 280,000 tonnes that arrives on its site every year, only 95,000 tonnes goes into landfill. In other words, 185,000 tonnes is recycled onsite.

[Rebecca Pow]

I thank my hon. Friend for that point; I thought he was going to make a negative intervention, but it was positive. The example he raises is the direction we are going in, and I commend the company on that figure. By reducing the quantity of waste through using it in other ways—recycling and all those things—we will end up with less going into landfill, and that is the intention.

The Environment Bill contains a whole range of measures, including a deposit return scheme and an extended producer responsibility scheme, and it will stipulate the much more consistent collection of waste, including food waste, by all our local authorities from the doorstep and from businesses. All those things will reduce waste.

[Mrs Miller]

Is the Minister not disappointed, as I am, that biodigesters, which should be part of the future of how we dispose of waste, are also part of the odour problem that my hon. Friend the Member for Newcastle-under-Lyme (Aaron Bell) has raised today? She has to act on that.

[Rebecca Pow]

I thank my right hon. Friend for her intervention, but I want to go on about landfill in particular, because we are desperately trying to reduce the amount going to landfill. The Environment Bill wants us to drive towards 65% municipal waste recycling by 2033, with no more than 10% going to landfill. I commend the people of the west midlands for assisting with that aim, because they only send 7.3% of their municipal waste to landfill. Aside from the issue being raised today, the west midlands is doing a good job.

Planning and deciding where landfill sites and waste facilities should go is very much a local decision. It is not a Government decision, but something to be talked about locally. If it is not considered a risk to the environment or to public health, it is very much for the local authorities to decide whether a site will be a statutory nuisance. It is for them to make these decisions when allocating sites.

I will move on to Walley’s Quarry landfill. Obviously, I sympathise with residents who have raised complaints about the odour. No landfill will ever be completely odour-free, but the level and type of odour arising from such operations should not cause offence. I am sure that my hon. Friend is aware that Walley’s Quarry landfill is operated under an environmental permit. Since 2005, it has been actively managed for municipal and industrial non-hazardous waste. Environmental permits of that type are regulated by the Environment Agency in England; to protect the environment and people, it sets the conditions for the permitted activities.

In response to odour complaints from my hon. Friend’s constituents, from July 2017 to February 2018 and again from January to June 2019, the Environment Agency undertook specialist continuous air quality monitoring, including for hydrogen sulphide: the typical rotten egg smell that we all remember from our chemistry lessons—I am sure you do, Sir Christopher. The monitoring undertaken in 2019 found emissions to be within all relevant health and air quality limits; hydrogen sulphide exceeded an odour limit above which complaints would be expected for just 1% of the monitoring period. Contrary to my hon. Friend’s information, the results of that monitoring are publicly available and were shared with Public Health England, which confirmed that the levels recorded were low and that it would not expect any long-term health consequences.

[Aaron Bell]

There was an initial monitoring period where odour limits were breached for 6% of the time. Residents feel that that measure is not an accurate reflection of what they are experiencing, and they feel that the public health measure is not the one we should be testing against. We should be testing the experience they are having and the effect that is having on their quality of life.

[Rebecca Pow]

I get my hon. Friend’s point, but the permit conditions require an Environment Agency officer to make a judgment about whether the odour is offensive. Enforcement action can be taken only when the odour is deemed to be offensive and the operator is not using all appropriate measures to control the odour.

The Environment Agency can make unannounced visits to the site to check what is going on. To date, it has not taken any enforcement action against the operator, as it considers the operator to be compliant with the permit conditions. For the odour to be deemed non-compliant, an Environment Agency officer would need to detect the odour and certify that the site operator had not taken steps to control it. As I said, it is up to the local environmental health practitioner to take action if it is deemed that the odour is a nuisance. If it is not a health issue or an environment issue under the Environment Agency criterion, it goes to the environment health practitioner—somebody based locally at the local council. That is how the issue is handled.

I understand that Newcastle-Under-Lyme Borough Council has undertaken its own investigations in response to its duty to investigate complaints that could constitute a statutory nuisance. It has stepped in, and the council’s environmental health investigations have concluded that while odours have been detected and are likely to cause annoyance, they do not meet the threshold for statutory nuisance abatement action to be taken. However, in response to local concerns—I am sure my hon. Friend has also raised these—the council has decided to establish a scrutiny inquiry to provide a structured and publicly accessible forum to hear residents’ concerns about how the site is managed and the Environment Agency’s monitoring. I welcome that approach and I would be interested to be kept informed as to what is found as a result of that scrutiny.

While the Environment Agency has found Walley’s Quarry landfill to be compliant with its permit conditions based on inspections and air quality monitoring, we must recognise that local residents are raising genuine concerns. The operator of Walley’s Quarry landfill has taken some action already, which I am sure my hon. Friend knows about. In 2019, it installed an additional 19 gas extraction wells to help extract the gas produced from the treatment, which has helped to reduce the odours. I am told that the wells have made a difference. Given my hon. Friend’s constituents’ concerns, the Environment Agency also attends a quarterly local liaison forum with representatives from Newcastle-Under-Lyme Borough Council and Staffordshire County Council, parish councils, the operator of the site and residents. I am sure my hon. Friend is welcome to go to those as well. They discuss all manner of things, including dust, seagulls, noise and traffic, so it sounds very proactive.

The Environment Agency also runs a citizens information page, which is constantly updated. The details of its air quality monitoring are on there and regularly updated for all to see. It also provides a monthly community newsletter. I think there is a great deal going on, although that is not to say that people do not have concerns. All waste management facilities are required to have a written management system designed to minimise the risk of pollution and reduce the impact on local communities and the environment. Those management systems cover all the topics that I have just mentioned—odour, flies, noise and dust management—so it should be pretty inclusive.

Other commitments in our resources and waste strategy, which I mentioned, include work to strengthen the requirement for those operating permitted waste sites to be technically competent, and far-reaching reforms to the ways in which waste is transported and tracked in the UK. That will improve our understanding of how waste is managed and provide better data on the composition and the destination of waste that could be repurposed or recycled, in order to be sure about what is going to landfill. Measures to enable those reforms and others are included in the aforementioned Environment Bill, which is progressing through the House. I urge my hon. Friend to take part in that tomorrow.

I fully sympathise with my hon. Friend’s constituents who have felt the need to raise their concerns about the odour. I am pleased that the Environment Agency and local partners are taking local action, and I hope that the introduction of additional gas wells demonstrates that the operator is trying to be proactive. I trust that Newcastle-Under-Lyme Borough Council’s upcoming scrutiny inquiry will prove useful. I would be pleased to be kept updated about that, if it throws up any interesting areas that have not been considered.

I reiterate that the Government are committed to reducing the impact of waste in the long term across the board, and for less to end up ultimately in landfill. That is our intention through the waste and resources strategy and the Environment Bill. I know that the Environment Agency is committed to working locally with partners and my hon. Friend. The door to the Department for Environment, Food and Rural Affairs team is open should further advice be needed. I thank my hon. Friend for bringing the matter to our attention.

Question put and agreed to.