Report to Scrutiny

Item Number:

Contains Confidential or No Exempt Information

Pollution issues relating to the FM Conway Ltd asphalt Subject of Report: plant in Hayes and the regeneration work at the Southall Waterside site

Scrutiny Review Panel 3: Air Quality Meeting: 27 September 2018

John Freeman, Regulatory Services Officer, Service Report Author: freemanj@ealing.gov.uk, 020 8825 7226

Harjeet Bains, Scrutiny Review Officer, Scrutiny Officer: [email protected], 020 8825 7120

Cabinet Responsibility: Cllr Julian Bell (Regeneration and Transport)

Cllr Mik Sabiers (Environment and Highways)

Cllr Binda Rai (Health and Adults’ Services)

Tony Clements, Executive Director, Regeneration and Director Responsibility: Housing, [email protected], 020 8825 8531

To consider the information provided on pollution issues relating to the FM Conway Ltd asphalt plant in Hayes and the Brief: regeneration work at the Southall Waterside site and make recommendations accordingly.

The Panel is recommended to: Recommendations: - consider and comment on the information provided; and - make suggestions for further improvements appropriately.

Page 1 of 35 1. Pollution issues relating to the FM Conway Ltd asphalt plant in Hayes and the regeneration work at the Southall Waterside site

Introduction

Two industrial sites in or adjacent to West Southall have been the subject of numerous odour complaints from residents, businesses and employees in Southall Green and Southall Broadway wards.

The sites concerned are (a) the roadstone coating (asphalt) plant located in North Hyde Gardens, Hayes, operated by F.M. Conway Ltd and (b) the ‘soil treatment hospital’ within the Southall Waterside development site (the former Southall Gasworks). The map below shows the location of the two sites in relation to the surrounding residential and commercial areas of Southall.

Figure 1 Location map of F.M. Conway Ltd and Southall Waterside soil hospital sites

Complaints of odour from both sites have been received from a wide area of Southall, as illustrated in Figure 2 below. Since the area affected by the two odour sources overlaps to some degree depending on the wind direction, there has at times been difficulty in assigning the source of the odour, particularly when wind speeds have been low. Please note therefore (a) that the site initially assigned as the source by the complainant is shown, which in some cases might have been incorrect and (b) that multiple complaints have been received from some addresses about the same site.

A more detailed breakdown of complaints will be provided as a supplement to this report.

Page 2 of 35 Figure 2 Map showing geographical distribution of complaints received

The F.M. Conway Ltd roadstone coating plant

In 2012 the London Borough of Hillingdon received a planning application for the development of a new industrial facility at the former Powergen site in North Hyde Gardens, Hayes, located close to the boundary with the London Borough of Ealing in Southall. The development included the construction of a new roadstone coating plant for the manufacture of road surfacing products. The plant comprises equipment for heating asphalt and mixing it with stone and other additives to produce a range of road surfacing materials. There was also proposed a separate plant for recycling material that had been removed from existing road surfaces, known either as “Reclaimed Asphalt Pavement” or “Recycled Asphalt Planings” and abbreviated to RAP.

Ealing Council was consulted on the planning application for the plant and raised an objection on the grounds of the likely adverse impact of emissions on air quality in Southall, increased traffic flow and detriment to visual amenity, however the application was granted in August 2013.

The new F.M. Conway plant was constructed and started operations in 2014. Roadstone coating plants are one of the categories of polluting industrial activities that are subject to regulation under the Environmental Permitting (England and Wales) Regulations 2016 (as amended). A company proposing to operate such a facility must apply to the local authority for an environmental permit, which in this case is the London Borough of Hillingdon. F.M. Conway Ltd’s permit was granted in September 2014 and extracts from it are attached in the Appendix.

Page 3 of 35 Odour complaints and the local authorities’ response

The first complaints of a strong bitumen odour from the plant were received in early July 2014 from a business in Trident Way, Southall. Subsequently many more complaints followed from other business and residents, mainly in Southall Green ward. From the outset, complaints made to Ealing Council have been referred to the London Borough of Hillingdon. Where possible, officers from Ealing’s Response team have attended to try and witness odour at the complainants’ premises and to assist Hillingdon in their enforcement role.

In response to ongoing complaints, Hillingdon officers asked F.M. Conway Ltd to undertake measurements of odorous emissions from their plant and they commissioned an environmental monitoring consultancy to carry out a survey of emissions both from the chimney and from the loading bay to the plant. In view of widespread concern amongst complainants as to the potential health effects of the bituminous odours they were exposed to, both within Hillingdon’s own area and from the affected parts of Southall, the London Borough of Hillingdon also sought advice and assistance from Public Health England, whose Environmental Hazards and Emergencies Department undertook an analysis of the emissions survey results. An extract from the PHE report is given below:

Page 4 of 35 The report concluded:

In 2015, F.M. Conway Ltd agreed to undertake improvements to their plant in an attempt to reduce odorous emissions. The works agreed with the London Borough of Hillingdon as regulator included (a) an increase in the height of the chimney serving the plant to the maximum permitted by the Civil Aviation Authority and (b) the provision of an extraction and filtration system to the loading bay to prevent the escape of odorous emissions during the loading of lorries with (hot) coated material for dispatch. These improvement works were completed in April 2016, but unfortunately the works did not bring about a cessation of complaint from the previously affected area of Southall.

In 2017 it is understood that following the retirement of the officer who had previously been responsible for the F.M. Conway plant, the London Borough of Hillingdon appointed a new specialist contractor to undertake their environmental permitting regulatory functions. The contractor subsequently undertook a site visit to the plant in order to review operations and the measures in place to control odour emissions. It was learnt that early in February 2018, Hillingdon Council served an enforcement notice on the company in relation to the use of an incorrect fuel in the plant.

At the time of writing (17 September 2018), the most recent advice from the London Borough of Hillingdon is that the company is operating the plant in full compliance with their permit conditions and that the numbers of complaints they are receiving have decreased considerably.

Lessons learned

 Subject to available resources, the Council must continue to ensure that applications for polluting development in neighbouring adjacent boroughs are fully appraised for potential impacts on Ealing borough.  Neighbouring local authorities must maintain clear lines of communication and agreed approaches to complaint logging and response.

The Southall Waterside development site soil treatment hospital

Southall Waterside is a major brownfield regeneration scheme in the west of the borough located on the former Southall Gasworks site. The developer, Berkeley Group, has outline permission for a large mixed-use development across the site.

Page 5 of 35 The extensive contamination of the soil arising from the former gasworks and chemical works that operated on the site from the late 19th century until the late 1960s needs to be treated in order to make the land safe and suitable for its new uses. Though contaminated soil can, in principle, be removed from site and treated elsewhere, this would involve many HGV movements in and out of the site. As an alternative, in situ remediation methods are available, and have been deployed in this case, in which various soil remediation operations are carried out on the site within a designated area known as a “soil treatment hospital”, so that treated soil can be returned to the site for reuse and removing the need to import clean soil from elsewhere.

Soil treatment involves the mixing of contaminated soil with other materials to neutralise the contaminants or render them harmless. The treatment process involves the turning over of stockpiles of material, with the consequent release of odorous substances where these are present.

The extent and nature of contamination at the site has been the subject of many studies over the years. The outline permission for the current development included several conditions to ensure that contamination is comprehensively identified, that an approved remediation scheme is carried out and that the completion of remediation is properly verified. Responsibility for the implementation of these requirements and the discharge of the relevant planning conditions rests with the Council as the Local Planning Authority. In consultation with the Environment Agency’s groundwater specialist, the Council’s contaminated land officer has maintained close oversight of all operations undertaken to deal with contaminated material and groundwater, however the soil remediation activities themselves, since they involve the handling and treatment of soil deemed to be contaminated waste material, are subject to regulation by the Environment Agency under the Environmental Permitting (England and Wales) Regulations 2016.

Figure 2 Recent aerial photograph of the Southall Waterside site showing the location of the “soil hospital”

Page 6 of 35 The Southall Waterside developers, Berkeley Group, have appointed C.A. Blackwell (Contracts) Limited (“Blackwell”) to carry out the necessary remediation of the site. Blackwell holds an environmental permit covering their mobile soil treatment work and the Environment Agency (“the EA”) issued an approval document in 2017 to allow the company to proceed with the proposed remediation of the former Southall gasworks. Extracts from these documents are attached to this report in the Appendix.

Odour complaints and the responses from Ealing Council and the Environment Agency

Complaints of odour from the remediation works at Southall Waterside were first received by Regulatory Services in June 2017.

On the advice of the Environment Agency’s officer responsible for the enforcement of the Blackwell environment permit, Regulatory Services staff have referred complainants to the EA’s Pollution Incident Hotline number (0800 807060). Following clarification by the EA after some apparent uncertainties, the advice to the public remains that odour suspected as originating from the soil treatment work should be reported to the Hotline, ensuring that the correct site is identified as follows: C A Blackwell (Contracts) Ltd, Southall Gasworks, UB2 5LE.

In order to press for more rapid implementation of odour suppression measures in the light of ongoing public concern and complaint, the Director of Planning and Regeneration wrote to the EA’s area director in June 2018 and was advised in reply that measures were being implemented to improve odour suppression, following his officer’s most recent visit in May 2018. The Leader of the Council also wrote to the EA’s director in similar terms to request an increased frequency of inspection by the EA’s officers so that they might witness the extent of the odour problems that residents were reporting.

Alongside the response that the EA has been able to offer to complainants, the Council has pursued direct contact with representatives of the developer Berkeley Group and their environmental consultants Atkins. Their response to the complaints has generally been prompt, with additional odour suppression units being deployed at the boundary around the soil hospital and new methods being sought and trialled in an attempt to reduce odour emissions from the remediation activities, such as the covering of stockpiles with an odour suppressant foam.

Public concern has been raised as to the health hazards associated with the odours, in particular arising from emissions of benzene and asbestos, however the results of monitoring received to date have shown that levels are very low at the soil hospital boundary.

The main remediation work is expected to be completed in December 2018 and with the onset of colder weather the release and dispersion of odour should reduce to a lower level.

What lessons can be learnt from the Southall Waterside case?

 Early and sustained engagement with developers, their environmental consultants and with the Environment Agency is essential in reviewing areas of potential concern in relation to odour impacts.

Page 7 of 35  Whether any or all of the odour issues could have been prevented or reduced in severity is a matter that the Panel might want to address. It is noted however that the EA’s guidance to operators (ref. 3 in the Background Papers list below) indicates that the cessation of operations pending improvements to odour suppression would only be expected in the most serious instances. Where there is a lesser problem, the guidance states that, “Where all appropriate measures are being used but are not completely preventing odour pollution, a level of residual odour will have to be accepted.”

List of Abbreviations

EA Environment Agency HGV Heavy Goods Vehicle PHE Public Health England TPHWG Total Petroleum Hydrocarbon Criteria Working Group VOC Volatile Organic Compound WHO World Health Organisation

2. Legal Implications

Emissions of air pollutants from “Part B” installations including roadstone coating plants and from waste management facilities (including mobile facilities) are regulated under the Environmental Permitting (England and Wales) Regulations 2016 (as amended) “the 2016 Regulations”. Regulation 32 confers regulatory functions on London borough councils in relation to Part B installations and on the Environment Agency in relation to waste management facilities.

Thus, the London Borough of Hillingdon is regulator of the F.M. Conway Limited plant and the Environment Agency is regulator of the mobile waste management facility operated by C.A. Blackwell (Contracts) Limited on behalf of the developers of the Southall Waterside site.

Although Ealing Council is not the regulator of either of the permitted activities, it retains a statutory duty under s.79 of the Environmental Protection Act 1990 to investigate complaints made to it of statutory nuisance, including “any dust, steam, smell or other effluvia arising on industrial, trade or business premises and being prejudicial to health or a nuisance” and to “take such steps as are reasonably practicable to investigate the complaint.”

3. Financial Implications

The operational functions for air quality management and complaint response services are funded from the existing budget within Safer Communities.

4. Other Implications

Ealing’s air quality work provides a direct link to one of the council’s new priorities for the borough: Working to make our borough a healthy and great place for all.

Page 8 of 35 5. Background Papers

1. Process Guidance Note 3/15(12), Statutory Guidance for Roadstone Coating, Defra, London, September 2012. Available online at the following link. 2. Environmental Permitting (England and Wales) Regulations 2016 – Interaction between Environmental Permitting and local authorities’ statutory nuisance duties, (Reference document PB 13630), Defra, London, September 2017. Available online at the following link 3. Additional guidance for H4 Odour Management: How to comply with your environmental permit, Environment Agency, Bristol, March 2011. Available online at the following link.

Page 9 of 35 Appendix

Extracts from the Environmental Permit issued by the London Borough of Hillingdon to F.M. Conway Ltd

Permit issued under the Environmental Permitting (England and Wales) Regulations 2010

Permit Reference: EPA/B2/19/P1

London Borough of Hillingdon ("the Regulator") in exercise of its powers under Regulation 13 of the Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010 No. 675) hereby permits

F M Conway Limited (“the Operator”),

Whose registered office is

Conway House Rochester Way Dartford Kent DA1 3QY

To operate the installation for a roadstone plant at

F M Conway Heathrow Depot, North Hyde Gardens Hayes Middlesex UB3 4QR to the extent permitted by and subject to the conditions of this document (“the Permit”) and operated within the site boundary on the attached site plan.

Signed [signature deleted from this extract] Mick Brough Environmental Protection Officer

Authorised to sign on behalf of London Borough of Hillingdon

Dated 19 September 2014

Page 10 of 35 Brief description of the installation regulated by this permit

This is a Permit for an installation consisting of a roadstone coating plant, with a technically associated activity for the recycling of roadstone, 'RAP Plant' as prescribed by Section 3.5(e) of the Environmental Permitting (England and Wales) Regulations 2010:

Roadstone Plant - Process Description

 The plant is a modern enclosed Benninghoven BA5000 facility that incorporates a separate parallel recycled asphalt, 'RAP' dryer. The plant can produce 240 tonnes of roadstone and handle 170 tonnes of hot RAP per hour. The main plant is within a sheeted building and the aggregate, sand and RAP storage bays including direct feeders are outside and next to the main plant building. There are 12 stock bays of 1,200 tonnes (4 no) and 700 tonnes (8 no). There are 12 aggregate (9 no) and recyled (3 no) feeder bays each of 14 m3. A PC controlled operating and monitoring system system is housed within the control room in the main offices near the site entrance. The aggregate, sand and recycled material cold feeder bays comprise 12 covered feed hoppers with conveyors to the main dryer. These are attached to the plant and feed into the rotary stone dryer. Two rotary dryer drums are parallel in the main plant and have burner capacities of 23.72 mW and 16.60 mW respectively. These are for 'stone' and 'RAP'. The burners are dual fuel with gas as the main fuel and a natural gas oil back up. The dryers cascade the stone or RAP through the hot gases. The dust from the dryers is vented to a bag house with a filter capacilty of 72,000Nm3/hour and filter area of 1,049m2 that comprises 496 Aramid filter bags. Cleaning of the dusty bags in the bag house is carried out by purge-air equipment and the pressure is continuously monitored in the control room. The bag house vents to the 30 metres high chimney. When dry the stone passes to an enclosed bucket elevator before being screened into seven bins (160 tonne total capacity) that are vented to the bag house. The 'stone' and RAP if needed can then be used to make the final asphalt product by mixing with binder (bitumen), filler, pigments and fibre granulate additives. There is a screening, weighing and mixing tower in the main building with 5 tonne paddle mixer. There are four bitumen tanks with an additional foam bitumen system for the mixer. There are three filler silos including a reclaimed filler silo all with reverse jets, and a fibre silo that are used to feed the plant. In addition bagged materials such as colouring pigment are fed directly to the paddle mixer. When the product has been mixed it is discharged into a 5 tonne transporting skip thet delivers the coated product to six hot storage silos that can hold 540 tonnes of asphalt in total. The bins then can discharge to the lorries in the loading bay. The skip can also discharge directly into the lorries if required. The whole plant has a computer controlled water spray system of nozzles situated at points throughout the plant including the main building and aggregate and sand bays.

 Technically Associated Activity: A recycled asphalt planings (RAP) re-cycling facility.

Page 11 of 35 Superseded Licences/Consents/Authorisations/Permits relating to this installation Holder Reference Number Date of Issue New Site 2014 FM Conway N/A N/A

ROADSTONE COATING PLANT

PERMIT CONDITIONS

EMISSION LIMITS AND VISUAL CHECKS

1. All emissions to air, other than condensed water vapour, shall be free from persistent fume, droplets and persistent visible emissions.

2. There shall be no visible emission of airborne dust from the installation or its operations across the site boundary.

3. Emissions from the two dryer exhaust stacks during normal operation shall be free from visible smoke and on no occasion exceed the equivalent of Ringelmann Shade 1 as described in BS 2742:1969.

4. The concentration of particulate matter in emissions to air from the dryer exhaust stacks, as specified in Schedule A, shall not exceed 50 mg/m3 (monitored in accordance with Condition 10).

5. Natural gas, with gas oil (with a sulphur content not exceeding 0.1 percent by mass) as an alternative fuel supply during periods of gas supply interruption, shall be utilised for the dryer burners.

6. A visual and olfactory assessment of emissions from the dryer exhaust stack shall be made frequently and at least once a day during operation. Remedial action shall be taken immediately in the case of abnormal emissions. The results of this assessment shall be recorded in the log book required to be kept in accordance with Condition 9.

7. Visual assessments of emissions from silo inlet connections and silo filtration units, as specified in Schedule A, shall be undertaken throughout the duration of all bulk deliveries. The results of this assessment and the start/finish times of all deliveries shall be recorded in the log book required to be kept in accordance with Condition 9.

8. In the case of abnormal emissions, malfunction or breakdown leading to abnormal emissions the operator shall: a. investigate and undertake remedial action immediately b. adjust the process or activity to minimise those emissions; and c. promptly record the events and actions taken shall be noted in the log book as required by Condition 9.

Page 12 of 35 The Regulator should be informed without delay if there is an emission that is likely to have an effect on the local community; or in the event of the failure of key arrestment plant, for example, bag filtration plant.

9. A log book shall be kept containing a record of all visual assessments, emission events, maintenance and inspections made in accordance with Conditions 6, 7, 8, 13, 20, 21, 22, 24, 30, 31, 32, 38 and 61. The record shall include the time, date and location of the assessments and inspections, the result, and the name of the person undertaking the assessment or inspection. The log book shall be kept available for inspection by the Regulator on the premises occupied by the installation and shall contain at least the previous two years' records.

EMISSION MONITORING

10. Testing of particulate matter emissions by extractive sampling, to prove compliance with Condition 4 shall be undertaken once every year, when the plant is in use, in accordance with the emission monitoring protocol in Schedule B as agreed by the Regulator. Adequate facilities for sampling shall be provided in accordance with the British Standards used.

11. Advanced notification of at least two weeks shall be given in writing to the Regulator, detailing the monitoring protocol to be used for extractive sampling. Once a protocol has been submitted and approved by the Regulator the Condition then only requires advance notification of any subsequent change to the protocol. Advance notification of one week shall be given to the Regulator prior to the undertaking of emission monitoring from the stack serving the drying plant as required by Condition 10.

12. All results of monitoring undertaken as required by Condition 10 shall be forwarded to the Regulator within 8 weeks of the monitoring taking place. The results shall be presented in accordance with the requirements of the emission monitoring protocol in Schedule B.

13. Where there are odour problems that, in the opinion of the regulator, may be attributable to the installation, such as local complaints of odour or when odour is being detected beyond the site boundary the operator shall investigate to find out which part of their operation is the cause. Boundary checks shall be made at least once per day by the operator and the time, location, weather conditions and results of the check shall be recorded in the log book required by Condition 9. Once the source of the odour is known corrective action shall be taken without delay, and the action proposed and/or undertaken reported to and agreed with the regulator. The regulator may require the permit to be varied with new conditions requiring particular measures to be undertaken. Where it is installed odour arrestment equipment shall be inspected at least once a day to verify correct operation and identify any malfunctions.

14. The continuous monitor, as specified in Schedule A, fitted to the exhaust stack shall be utilised to monitor the performance of the filter assembly ("bag house"). The monitor shall be used to show compliance with the emission limit in

Page 13 of 35 Condition 4. The monitor shall be fitted with an audible or visible alarm warning of arrestment failure of malfunction. The alarm shall be set to activate if the displayed reading exceeds 75% of the emission limit or as agreed with the regulator. All alarm triggers shall be recorded automatically within the unit. The alarms shall be tested at least once per week or as agreed with the regulator.

15. The continuous monitoring equipment shall be maintained and calibrated in accordance with the manufacturer's instructions, which shall be available for inspection by the regulator. The service of the equipment and any subsequent action shall be recorded in the log book required to be kept in accordance with Condition 9.

16. Any adverse results from the monitoring activity shall be investigated by the operator as soon as the monitoring data have been obtained/ received. The operator shall: a) identify the cause and take corrective action b) record as much detail as possible regarding the cause and extent of the problem, and the action taken by the operator to rectify the situation c) re-test to demonstrate compliance as soon as possible; and d) notify the Regulator

SILO MANAGEMENT

17. All dusty or potentially dusty materials shall be stored in silos, in confined storage areas within buildings, or in fully enclosed containers / packaging (such as bags). Where the storage is open within the building then suitable precautions shall be taken to prevent wind whipping.

18. The imported filler silo vents shall be fitted with reverse air jet dust filter units specified in the installation description and detailed in Schedule A, for the arrestment of particulate matter. The silos shall not be filled without the arrestment plant fitted and operational except as allowed by Condition 8.

19. Prior to filling any of the storage silos, specified in Schedule A, the appropriate dust filter unit cleaning system shall be ‘switched on’ and operational.

20. All silo filtration units fitted with reverse jets, as specified in Schedule A, shall be inspected once a month for signs that an emission has occurred. Where defects are detected, corrective action shall be taken immediately and prior to any further deliveries.

21. Each silo, as specified in Schedule A, shall be fitted with visual and audible high level alarms in order to prevent overfilling. These shall be checked weekly or before a delivery takes place, whichever is the longer interval. If the manufacturer instructions specify a different frequency of checking, the timescales can be varied after consulting with the Regulator.

Page 14 of 35 22. The seating of the pressure relief valves to the storage silo(s), specified in Schedule A, shall be checked once per week or before a delivery takes place, whichever is the longer. Where it appears that the valve may have become unseated, the silo-filling operation shall cease until examination for defects before being re-seated. All corrective action shall be noted in the log book as required by Condition 9.

23. The transfer lines for pressure delivery of filler materials shall be checked for correct and secure connection prior to any discharge of materials. All practical measures to prevent the over-pressurisation of the silos shall be undertaken. Tanker drivers should be informed of the correct procedures to be followed when loading and unloading.

24. If emissions of particulate matter are visible from ducting, pipe work, the pressure relief valve and any other areas of the plant during silo filling, the operation shall cease. The cause of the problem shall be rectified prior to further deliveries taking place. All corrective action shall be noted in the log book as required by Condition 9.

25. All deliveries to silos shall be made using tankers with an onboard (truck mounted) relief valve and filtration system. This means that venting air from the tanker at the end of a delivery will not take place through the silo. Use of alternative methods can be acceptable, once agreed with the Regulator, provided that they achieve an equivalent level of control with regard to potential for emissions to air.

26. All new or replacement silo filtration plants shall be designed to operate to an emission standard of less than 10mg/m3 for particulate matter.

27. All new or replacement silos shall be fitted with an automatic system to cut off delivery in the event of pressurisation or overfilling. Alternative techniques maybe acceptable, once agreed with the Regulator, provided that they achieve an equivalent level of control of potential emissions to air.

FILTRATION PLANT MANAGEMENT

28. The exhaust from the dryers and screen plant shall be vented via the dry bag filtration plant, as specified in Schedule A. The dryers and screen plant shall not be operated without the arrestment plant fitted and operational except as allowed by Condition 8.

29. The temperature of exhaust gases entering the reverse air jet bag filtration unit shall be continuously monitored. The main dryer burners shall be set to cut out when the temperature of the exhaust gases entering the bag filtration unit reaches 220oC.

30. The bag filtration plant, as specified in Schedule A, shall be inspected for correct operation once per month, during periods of plant use. Where defects are detected, corrective action shall be initiated immediately. The inspection

Page 15 of 35 shall be recorded in the log book and all cases where deliveries are made prior to corrective action being completed shall be recorded in accordance with Condition 9.

31. All flexible seals on the chimney, fan and filter assembly shall be checked monthly for integrity. Any identified defects likely to effect emissions to air of any substance listed in The “Air” list of Schedule 1 of the Environmental Permitting (England and Wales) Regulations 2010 shall be promptly corrected. The results of the inspection and any subsequent action shall be recorded in the log book required to be kept in accordance with Condition 9.

32. The bag filtration plant, as specified in Schedule A, shall be serviced annually, the service shall include the examination for defects and performance of the filter bags, and the subsequent replacement of any or all of the filtration bags required by that inspection. The date of this service and any subsequent action shall be recorded in the log book required to be kept in accordance with Condition 9.

33. The stack serving the two dryers shall be at the height as specified in Schedule A.

34. The efflux velocity of emissions from the stack serving the filtration plant shall be greater than 15 m/s under normal operating conditions.

35. The stack shall not be fitted with any restriction at the final opening (e.g. plate, cap or cowl) with the exception of a cone when required in order to increase the exit velocity of the emissions.

HANDLING OF HEATED MATERIALS

36. The operational temperature of the hot binder storage tanks (bitumen tanks), as specified in Schedule A, shall be within the appropriate temperature range for its grade as published by the Energy Institute and referred to in Appendix 1 of Process Guidance Note PG3/15 (12).

37. A high temperature trip device, to prevent binder overheating, shall be fitted on the hot binder storage tanks and operational at all times.

38. The storage and handling temperatures of the binder tanks shall be checked daily utilising the visual gauges located on the tanks, and the tank temperatures monitored on the plant control screen. The results of this check shall be recorded in the log book required to be kept in accordance with Condition 9.

39. The high level alarms fitted to the hot binder storage tanks, as specified in Schedule A, shall be maintained in accordance with the manufacturer’s specifications. They shall be utilised to prevent overfilling of materials

Page 16 of 35 on delivery in conjunction with the continuous level visual displays in the control room showing the levels of bitumen as percentage values.

40. The hydraulically operated lids and doors of the hot storage bins shall be maintained in working order and only be opened when necessary during use.

41. All hot storage bins shall have level indication and any overflow chutes shall be ducted to the main arrestment plant as specified in Schedule A.

RECYCLED ASPHALT PLANINGS (RAP) PLANT

42. Recycled Asphalt Planings (RAP) shall only be heated in the dedicated RAP dryer on the Benninghoven plant.

43. All RAP stored on site shall be stored within a 3 sided bay on hard-standing to minimise emissions to the ground and atmosphere. Any oily residues shall be regularly cleaned up.

44. All RAP returns shall be checked for foreign materials before offloading into the storage area. All foreign materials and rubbish shall be removed before off-loading the material.

45. Either the temperature within the RAP dryer, or within the filter house, must be continuously monitored and visible in the control room.

46. The RAP dryer shall be vented into the dry bag filtration system. The RAP dryer shall not be run without this arrestment plant in operation.

AGGREGATE HANDLING & STORAGE

47.No material shall be stored in the open except for:

(a) material that has been screened to remove material of 3mm and under; (b) sand; (c) scalpings; (d) material used for road sub-bases (commonly known as "MOT material") that has been conditioned before deposition; and a. crusher run material or blended material that has been conditioned before deposition. b. Recycled Asphalt Planings (RAP)

48. Stockpiles shall be profiled to prevent dust becoming wind-entrained, and shall not exceed the confines of the storage bays.

49. Control of dust emissions from stockpiles shall be carried out. This shall be achieved by the using an appropriate water dust suppression system, as specified in Schedule A. The frequency of water suppression shall depend on weather conditions, but the frequency should increase during dry periods.

Page 17 of 35

50. Where dusty materials are conveyed, the conveyor and any transfer points shall be enclosed to such an extent as to minimise the generation of airborne dust.

51. Dry, dusty material transfer points shall be ducted to the main arrestment plant as specified in Schedule A. Where dust emissions from the conveyors are visible, dust suppression should be used or the plant vented to suitable arrestment equipment as agreed with the regulator.

52. Conveyors shall be fitted with effective means for keeping the return belt clean and for collecting materials removed by this cleaning operation.

53. Where free fall material gives rise to external dust generation, chutes or similar equipment shall be used at the point of discharge to minimise these emissions.

54. Unwanted recovered fines shall not be discharged dry.

55. The `cold feeder hoppers' with conveyor transfer to the dryers and the three sided aggregate storage bays shall be utilised for all storage of aggregate material under 3mm on site.

LOADING, UNLOADING AND TRANSPORT

56. Aggregate materials delivered dry shall be damped as necessary prior to discharge to prevent the generation of airborne dust emissions.

57. Roadways including loading bays normally used by road going vehicles shall be hard surfaced and kept clean or wet to avoid dissemination of dust and shall be adequately drained to avoid the ponding of water.

58. Internal road transport of processed materials likely to generate dust shall be carried out in closed tankers or sheeted vehicles, or the materials conditioned with water.

59. Loading and unloading of road vehicles shall be carried out so as to minimise the generation of airborne dust and the vehicle shall be sheeted or otherwise totally enclosed as soon as possible after/before loading/unloading and before leaving/arriving at the site. This shall not be applied to the loading of stone, which is above 75mm.

MAINTENANCE, MANAGEMENT SYSTEMS AND TRAINING

60. An annual service shall be carried out which shall include all plant and machinery likely to prevent or cause emissions to air of any substance listed in Part 1, Paragraph 6 (“Air” list) of Schedule 1 of the Environmental Permitting (England and Wales) Regulations 2010.

Page 18 of 35 61. An effective preventative maintenance programme shall be employed on all aspects of the activity including all plant and machinery likely to either prevent or cause emission to air of any substance listed in the “Air” list of Schedule 1 of the Environmental Permitting (England and Wales) Regulations 2010. A written maintenance programme shall be available to the Regulator with respect to pollution control equipment. A record of this maintenance work should be recorded in the logbook and be available for inspection by the Regulator in accordance with Condition 9.

62. Essential spares and consumables shall be held (or available locally at short notice) for the plant, or alternatively: a. A service contract for the plant, which includes a priority attendance requirement for equipment failure, shall be held with a suitable contractor. b. A mobile service and repair engineer, carrying essential spares and consumables, is employed by the Company.

63. An appropriate environmental management system (EMS) is recommended. This is an important component of BAT and of achieving compliance with the conditions in this permit. The EMS requires a commitment to establishing objectives, setting targets, measuring progress and revising the objectives according to results. This includes managing risks under normal operating conditions and in accidents and emergencies. This can take the form of adopting published standards (ISO 14001 or the EU Eco Management and Audit Scheme [EMAS]) or by setting up a system tailored to the nature and size of the specific process.

64. All staff whose duties include the operation of plant and machinery likely to either prevent or cause emission to air of any substance listed in the “Air” list of Schedule 1 of the Environmental Permitting (England and Wales) Regulations 2010 shall receive the appropriate training, supervision and instructions as specified in clause 5.45 of Process Guidance Note PG3/15 (12). The operator shall maintain a statement of training requirements of each operation post and keep a record of the training received by each person whose actions may have impact upon the environment. These documents shall be made available to the Regulator on request.

65. If the Operator proposes to make a change in operation of the installation, he must, at least 14 days before making the change, notify the Regulator in writing. The notification must contain a description of the proposed change in operation. It is not necessary to make such a notification if an application to vary this permit has been made and the application contains a description of the proposed change. In this Condition “change in operation” means a change in the nature or functioning, or an extension, of the installation, which may have consequences for the environment.

66. The Best Available Techniques (BAT) shall be used to prevent or, where that is not practicable, reduce emissions from the installation in relation to any aspect of the operation, which is not regulated by any other Condition of this permit.

Page 19 of 35 Schedule A Main Plant Equipment Description Plant Type(s) Benninghoven BA5000 Plant(s) Capacity 240 tonne per hour Burner Capacity 23.72 mW Burner(s) Fuel Type Natural Gas (Gas Oil as standby) Filtration Plant(s) Bag House (496 Aramind type) Stack Height(s) 30 metres Continuous Monitoring Equipment PCME 980 fitted in the stack Number of Silo(s) 4 plus 6 product silos Filler/Fibre/Etc Tonne Imported Filler (split 70 (35/35) Silo(s) Content Type and Capacity to 2) Reclaimed Filler 70 Cellulose Fibre 60 Mixed Material in 6 Aggregate of 540

silos tonnes Silo(s) Filtration Units Pulsed Jet Air Filters (to filler silos) and Cyclone (to fibre silo) 110 cu.m (EB110S) 110 cu.m (EB110S) Hot Binder Storage Tanks /Fuel 50/50 split (EB110S-2) Tanks Capacity 40 cu,m Bitumen Emulsion Tank Fuel (60 cu.m gas oil / 40 cu.m flux oil) Stockpile Water Suppression System Computer Controlled Water sprinkler system, throughout the yard. Nozzles on all stock bays and main plant /roads. Internal RAP Plant Equipment Description Plant Type(s) Benninghoven Plant(s) Capacity 170 tonne per hour of hot RAP Burner Capacity 16.60 mW Burner(s) Fuel Type Natural Gas (Gas oil standby) Filtration Plant(s) Same Bag House (496 Aramind type) Stack Height(s) 30 metres (same chimney as Main Plant) Continuous Monitoring Equipment PCME 980 fitted in stack

SCHEDULE B

Particulate Monitoring Protocol

1. Pollutant to be measured: Particulate matter (including grit, dust and fume)

Page 20 of 35 2. Measurement procedure shall be as specified in BS ISO 9096 (2003).

3. Measurement positions: On the exhaust stack serving the rotary dryer from a sampling platform (in accordance Pollution Technical Guidance Note (Monitoring) M1). The stack will be fitted with two 4" BSP ports, located 90 apart in the sampling plane for extractive particulate sampling.

4. This emission testing shall ideally be carried out by MCERT qualified Emission Testing Staff (The initial visit to the site, if a new Emission Monitoring Company is utilised, shall be carried out by a MCERT Level 2 Test Engineer, all subsequent monitoring exercises shall be carried out by at least a MCERT Level 1 Test Engineer). Deviations from this methodology/ British Standard must be approved by the Regulator prior to analysis and reported in full.

5. Reporting shall be as specified in BS ISO 9096 (2003).

6. The bitumen/aggregate mix monitored shall be representative of the plants throughput. Plant conditions shall be reported and include an estimation of the % frequency that the bitumen/aggregate mix monitored is produced. (Where recycled asphalt is a mix component this shall be identified).

7. Reference conditions 273.1K, 101.3kPa without correction for water vapour except.

If continuous monitoring is utilised at the site: The results obtained shall be utilised to indicate the correlation between the measured level of particulate matter discharged from the installation and the readout of a continuous indicative dust monitor.

Page 21 of 35 Map 1 -The following site plan shows the permit boundary marked in red to the West of the London Borough of Hillingdon boundary (Grand Union Canal)

Page 22 of 35 Map 2 - The following illustrative site plan shows the site (marked in red) as of 2014 with the surrounding full site layout with the road plant to the south stone to the south and associated aggregate storage bins on the eastern boundary to the canal.

Page 23 of 35 Map 3 - The following illustrative site plan shows the road stone plant part of the site north of North Hyde Gardens with the large aggregate storage bins in yellow and oppositely positioned feeder bins to the plant. The bitumen tanks can be seen to be enclosed in the road stone building.

End of Permit

Page 24 of 35 Extracts from Environmental Permit documents issued by the Environment Agency to C.A. Blackwell (Contracts) Ltd for their mobile soil treatment activities

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Consultation

Name of Department Date Sent Date Comments Consultee to Response Appear in Consultee Received Report Para: from Consultee Internal Director Executive Director Lawyer Director of Legal Services Finance Officer Director of Finance Councillor Cabinet Member for External A N Other Voluntary Organisation Police, etc.

Report History

Decision Type: Urgency item?

For Information No

Authorised by Cabinet Date Report Report Deadline: Date Report Sent: Member: Drafted: N/A 17.09.18 17.09.18 17.09.18 Report No.: Report Author and Contact for Queries: John Freeman, Regulatory Services Officer [email protected]; 020 8825 7226

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