Legal action to begin against landfill operator

Legal action against the operators of a pungent landfill site in Staffordshire is expected to begin by the end of October, council bosses have said.

Newcastle-under-Lyme Borough Council is pursuing Walleys Quarry Ltd for alleged breaches of an abatement notice, which obliges the operator to prevent there being a statutory odour nuisance.

A spokesperson for the landfill said the site was stringently regulated and that bosses were focussed on minimising its impact on the community.

The Environment Agency has been contacted for a comment.

The local authority was given the go-ahead from the environment secretary to proceed with the legal action in July.

“We are moving as quickly as possible in a complex situation,” said council chief executive Gordon Mole.

“There are very few precedents for taking legal action against an operator regulated by a government agency, so there is a great deal of legal advice and preparation involved."

The council needed government permission as the Environment Agency (EA), which is responsible for regulating the landfill site in Silverdale, is overseen by government department Defra.

Simon Tagg, leader of the council, said he was “deeply frustrated” that the authority was having to take action.

In August, a special council committee was established to hear the impact the landfill site has had on the community and to ask what could be done to solve the issue.

The committee’s recommendations included closure and capping of the site, as well as reiterating the council’s calls for a public inquiry into the EA’s handling of Walleys Quarry.

A spokesperson for Walleys Quarry said the landfill site held an environmental permit and was stringently regulated by the Environment Agency to ensure the onsite activities did not cause harm to human health or the environment.

"We recognise the impact that odours can have for local residents, and the team is focussed on managing the site to minimise impacts to the community around the site and we will continue to do so."

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