Waste sites in the North West of England have recently come under scrutiny in the media due to persistent odour issues affecting local communities.
Residents have reported foul smells likened to rotten eggs, causing headaches, nausea, and other health problems.
These issues have sparked significant concern and calls for action from both the public and local authorities. But what can be done about these foul smells?
How does one quantify and evidence the issue?
Environmental permits and odour control obligations
Operating a landfill site requires an Environmental Permit. As part of this, operators may need to implement a range of controls.
These can include waste acceptance procedures, landfill gas management, cell construction approvals, and odour management plans.
Together, these form part of a wider environmental management system, shaped by a risk assessment specific to the site.
Failure to adhere to these controls can lead to significant repercussions, enforcement action and suspension of the permit.
Whilst the occurrence of foul odours may not necessarily be caused by an immediately obvious breach of a permit condition, it is indicative that something has gone wrong including the possibility that non conforming waste has been misclassified by a supplier and accepted to site.
Landfill sites are required to operate within strict guidelines imposed by their permit, in order to minimise their impact on surrounding areas.
The Environment Agency, NRW and SEPA will investigate and monitor reports of odours where a non compliance has been detected (e.g. detection of odour beyond the site boundary) and will record and score this in accordance with their criteria according to actual impact.
As part of this process the regulator will identify and record the root cause and this will be related back to the management system condition and against condition 1.1.1 in the permit.
Legal consequences of breaching permit conditions
The consequences for site owners can be considerable if they are found to be in breach of their permit conditions.
They may additionally face legal action from affected residents and local councils.
Complaints about health issues and environmental damage could lead to lawsuits and hefty fines.
Licence suspension
Waste site owners can face suspension of their operating licences if they fail to comply with environmental regulations regarding odour control.
Regulatory bodies, such as the Environment Agency in the UK, have the authority to suspend or revoke permits if a site is found to be in significant breach of its conditions.
This can halt operations and lead to substantial financial losses.
Fines
In addition to licence suspension, site owners can be fined for permit breaches.
Fines can vary depending on the severity of the violation and the impact on the local community.
For example, persistent odour issues that cause health problems or environmental damage can result in hefty fines based on culpability and harmful impact.
These fines are intended to enforce compliance and encourage better management practices.
Legal action
Affected residents and local councils can also take legal action against waste site owners.
Claims may be filed for nuisance, trespass, and negligence due to odour emissions “escaping” from the site and effecting residents.
Successful claims can lead to compensation payments to affected parties, further increasing the financial burden on site owners.
Additionally, the negative publicity surrounding these odour issues can damage the reputation of the companies involved, potentially leading to a loss of business and trust within the community.
Odour complaints and potential legal claims
Regulatory bodies may impose operational restrictions on waste sites to mitigate odour issues.
These restrictions can include limiting the types of waste accepted, reducing the volume of waste processed, or mandating specific odour control technologies.
Such measures can impact the efficiency and profitability of the site.
The recent odour issues reported in the media highlight the importance of stringent waste management practices and adherence to environmental permits.
Site owners must address these problems promptly to avoid legal consequences, protect their reputation, and ensure the health and well-being of local communities.
Need advice on landfill odour and compliance issues?
At Dyne Solicitors we specialise in the regulation of Landfills and Environmental Disputes.
We offer advice and representation for regulatory, commercial and property litigation in the environmental and waste sectors.
For more information, please contact John Dyne or Patrik Jones-Wright.