Blaydon Quarry Landfill Site

Thérèse Coffey Excerpts

Monday 1st April 2019 Commons Chamber

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)]

I congratulate the hon. Member for Blaydon (Liz Twist) on securing this debate. She has spoken with eloquence and passion in representing her constituents here today. She referred to some of the work that was undertaken by her predecessor, Dave Anderson, who was also very proactive on the subject. She is right to ask why it is taking years to sort the situation out. If she does not mind, I will set out a few ways in which action has been taken and is still proactively under way, as I think she is aware.

It is important to ensure we have clear and strong environmental regulation and planning controls that work for the environment, for people and for business. Twice in her four questions, the hon. Lady asked about practical and legislative steps, including stronger powers for the Environment Agency. I am pleased to say that, during the next Session of Parliament, in the Environment Bill, we hope to introduce powers to tackle some of the issues that she raised. An ongoing policy, and a success of both the former Labour Government and this Government, is the gradual and significant reduction in the amount of waste that goes to landfill. That has largely been driven by the success of the landfill tax. We will continue to do more to try to increase recycling.

A well-functioning and regulated waste industry is essential for us. It enables us to maximise the efficient use of our resources and to minimise the impacts of waste on the environment. The Environment Agency is the regulator for the sector in England. The hon. Member for Strangford (Jim Shannon) referred to an issue in his constituency, and he is right that neighbourhood relations are important for any waste operator. He will be aware that a different regulator applies. He mentioned strong community relations, which were made possible by the council on which he used to serve.

The Environment Agency issues environmental permits for waste operators and regulates against them. It particularly targets operators that do not comply with the regulatory framework and that, in turn, cause suffering to nearby communities. Environmental permits are issued for regulated activities carried out at sites. In the case of a permitted landfill facility, such as that located at Blaydon quarry, the permit will cover hazards and risks arising from the activities on the site of the landfill. The current permit has been in place since landfill activity recommenced in 2004. The permit allows for the deposit of up to 329,000 tonnes of non-hazardous waste within engineered cells on the site.

Environmental permits do not cover wider planning controls, and nor should they if we are to avoid unnecessary regulatory duplication. The site has planning permission to allow landfilling, and that was issued and is governed by Gateshead Council. I am conscious of the hon. Lady’s request to the Ministry of Housing, Communities and Local Government about enforcement and location. We believe that councils already have the opportunity to do both those things. I recognise the challenges on historic sites where relocation is no longer necessarily possible.

In May 2012 the permit was transferred from the initial operator to Niramax Group Ltd. It was transferred again in May 2013 to Octagon Green Solutions Ltd, which continues to operate the site today. In 2017, two applications were made to transfer the permit, first to the landowner, Recyclogical Ltd, and secondly to a company called Midwest Solutions Ltd. A third transfer application was received in September 2018, again in relation to Midwest Solutions Ltd. All those applications have been refused, most recently just last week, because the Environment Agency has not been satisfied that the companies had sufficient competence to comply with the permit.

It is right that only properly competent people can hold a waste permit. In this instance, the Environment Agency was concerned that the applicants lacked the ability to comply with permits and to run a waste site effectively. That is in line with our work to tighten up the waste permitting and exemptions regime by raising the bar for people to operate in the sector.

Understandably, the hon. Lady read out a litany of non-compliance, which resulted in notices being served. Between 2014 and 2018, the Environment Agency served a series of enforcement notices for the identified issues on the Blaydon site. Those breaches included litter escaping from the site, for which additional control measures were installed, including the improved management of landfill gas and leachate. There were also additional engineering works following odour issues. In February 2019, it was found that odour issues were coming from an area of waste that was not properly tipped or covered, and a regulation 37 suspension notice was served to prevent waste input while remedial works were carried out. As the hon. Lady pointed out, that notice was served on 19 February, and the work was completed and the notice lifted on 26 February.

The hon. Lady is right to point out that there have been a number of breaches. By and large, the company—perhaps cleverly—has responded quite quickly to those breaches. However, we would of course rather that the breaches did not happen in the first place. A number of planning contraventions on the site are also being investigated by Gateshead Council. The Environment Agency and Gateshead Council work closely together on the site and have ongoing engagement with the local community, including through attending regular meetings. I encourage Gateshead Council to do more on planning enforcement in this regard.

The Environment Agency is concerned about the level of non-compliance with the permit. Following the issues that led it to serve a suspension notice in February, it is now investigating fully whether the operator is fit to continue to run the site, and is exploring its options regarding further sanctions. In addition to prosecution, further sanctions could include serving a permit revocation notice, which would prevent any further landfilling from taking place.

Let me turn to the wider policy context. After our consultation last year, from 7 April, all permitted waste sites will need to demonstrate technical competence through a scheme approved by the Government. This change will provide the regulator with the flexibility to use its full range of enforcement powers, such as enforcement or suspension notices, on all waste operation permits to ensure that the operators are technically competent. The Government recently announced a tougher approach to the regulation of environmental permits, including tightening up technical competence requirements and allowing the Environment Agency to take a wider range of criminal convictions—beyond environmental offences—into account when considering permit applications and variations.

Our resources and waste strategy commits us to the recommendations of the review into serious and organised criminality in the waste sector, which was completed last autumn by Lizzie Noel. We will continue to bear down on criminal activity in the waste sector and drive out of the sector the organisations that undercut legitimate businesses and make communities’ lives miserable. Let me be clear to the hon. Lady and the House that the Government and the Environment Agency take the regulation of the waste sector very seriously.

I thank the hon. Lady for raising this issue. I am very much alive to the challenges faced by residents in her constituency and beyond, as is the Environment Agency, and I will continue to work proactively with her and to bear down on those operating in a manner that causes pollution, ugliness and misery in the affected communities.

Question put and agreed to.