HAZARDOUS WASTE
NO PROBLEM!
IT'S ONLY 140,000 TONNES!
POOR WARWICKSHIRE COUNTY COUNCIL
Their beleaguered Regulatory Committee have now got to face up tomorrow to the challenge of nodding through yet another in the long line of Rugby Cement/ Cemex applications for a yet another RETROSPECTIVE permission. This time for a "mere" CHANGE of USE for the unlawful use of the SOUTHAM landfill non-hazardous waste, which has been used for eight years for the dumping of 140,000 tonnes of hazardous waste BYPASS DUST from the Cemex Rugby Co-incinerating Cement plant. You will recall Hazardous Bypass dust was dumped on Lawford on 16/17 November - but the EA say they can do nothing about it - no emission limits count when things go wrong!
BREACH OF PLANNING CONTROL.
"In recent years the description and classification of the waste disposed of (without the mandatory EU waste code!!) has not accorded with the planning permission in place, and with the authorised use of the site. The permission allowed the deposit of non-hazardous Cement Kiln Dust and not the hazardous waste BYPASS DUST." "It must be recognised that this planning application seeks retrospective planning permission to regularise what is in affect a LARGE LONG STANDING and ON GOING breach of planning control - the deposit of 140,000 tonnes bypass dust!" "In theory it would be possible to refuse the application and seek the removal of the BPD which has already been deposited. But the PPG 18 on planning enforcement advises : 'while it is clearly unsatisfactory for anyone to carry out development without first obtaining the required planning permission an enforcement notice should not be issued solely to 'regularise' developments which is acceptable on its planning merits but for which permission has not been sought.'
SOME KIND OF OVERSIGHT?
140,000 tonnes hazardous waste - errr sorry! WCC omit to say that they have readily and repeatedly given "unlawful extensions to the planning permission for non-hazardous waste" all the time knowing this to be unlawful. I have personally informed them on several occasions! As for the Environment Agency - they seem unsure if it has any permission at all, or even needs any permission, and simply say they have "no objection." The EA are probably still trying to find out what, if any, operating permit supposedly ontrols the Cemex Rugby co-incinerator - so what matter is 140,000 tonnes hazardous waste in Southam to them?
COMPLIANCE WITH EU LAWS?
The disposal of waste in a landfill requires an environmental permit and will be subject to the provisions of the Landfill Directive and the Integrated Pollution prevention and Control (IPPC) Directive as well. Landfills are categorised into three types - hazardous, non-hazardous and inert for the purposes of determining the applicability of the requirements of the Landfill Directive.
The recovery of waste in or on land (not landfill) is also subject either to the requirement for an environmental permit, or an exemption from the need for a permit. The exemptions are prescribed in the Environmental Permitting (England and Wales) Regulations 2007. There are currently exemptions for some land reclamation operations and the use of waste for construction. Defra has recently consulted on a review of the current exemptions from environmental permitting with a view to tightening up on large-scale exemptions involving the deposit of waste on land.
CLEARLY NO PERMIT TO DUMP?
Whether for disposal or recovery an environmental permit may be granted by the Environment Agency, in cases were planning permission is required, only where relevant planning is in place.
Top picture used courtacy of Skampy
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