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AGENDA ITEM NO ...Lh 120 NORTH LANARKSHIRE COUNCIL REPORT AGENDA ITEM NO.......... lh ........ To: PLANNING AND ENVIRONMENT COMMITTEE Subject: THE UNAUTHORISED DEPOSIT OF MATEFUAL WITHIN THE GREENGAIRS LANDFLL SITE. DARNGAVEL ROAD. GREENGAIRS From: DIRECTOR OF PLANNING AND ENVIRONMENT Date: 6 December, 2000 Ref: CPL/GWD042 10 18000-6/ GPQimd Introduction 1. The purpose of ths report is to inform members of a recent unauthorised disposal of waste within Greengairs Landfill Site and to consider the action available to the Council under planning legislation. Backwound 2. On 6 July 1998, planning permission (86458) was granted in respect of the Greengairs Landfill Site at Darngavel Road, Greengairs. 3. Condition 7 of that permission states "that only household, commercial and general industrial waste shall be tipped with all materials being generally dy, non dangerous and non toxic (the only liquid and sludge waste to be deposited on site shall be as approved in the waste disposal licence) and all materials shall be to the satisfaction of the local planning authority: any other materials to be deposited on site shall be approved by the local planning authority in writing; without prejudice to the generality of the foregoing it is a condition of this permission that no asbestos or radioactive waste materials shall be allowed into this site''. 4. This condition within the planning permission reflected waste disposal requirements expressed by the Council's Department of Environmental Services - the waste regulator at that time. The inclusion of this condition preceded Central Government policy on the use of conditions in planning permissions within Circular 4/1998 which makes it clear that conditions should not cover matters that are subject to control under separate legislation. 5. As a result of the waste management regime established by the Environment Act 1995, the waste regulation authority is now SEPA (as opposed to the Council. since April 1996). Whilst the requirements of condition 7 are covered by the current waste management regime and would not be incorporated within any similar planning permissions issued after the introduction of the new Government policy, the existence of this condition still provides the Council with some ability to influence the control of waste at the site in the public interest. In this respect, whilst the waste regulation authority's position on issues regarding the nature and quantities of waste being deposited on the site takes precedence, the Council, through its planning legislation could play a complementary role to any action pursued under the Environmental Protection Act 1990. Similarly it would not be appropriate for the Council to pursue matters of waste disposal without the support of SEPA. Greengairs Landfill Site 122 The Incident 6. In the week commencing 9 October 2000, SEPA verbally advised this Department that on the 26 September 2000 Shanks had made one skip delivery of soil and rubble.waste contaminated with asbestos and mercury to the landfill site. It is understood from SEPA that the waste came from an excavation associated with a drainage system and that the asbestos came from an asbestos cement drain part/cover. Low levels of mercury were understood to be in the soihbble (understood to be 0.05 parts per million although investigations by SEPA are not completed). SEPA also advised that this load was destined for the authorised landfill site at Avondale, near Falkirk but the lorry driver was directed to Greengairs. (Mercury analysis was carried out since what were thought to be beads of mercury were noted on the benching of the drain). 7. As this waste load included materials which were not authorised bj. the current waste management licence administered by SEPA, the landfill operator, Shanks Waste Solutions (formerly Shanks and McEwan) should not have allowed the material into the site. However, the material was indeed allowed into the site. SEPA have advised that this material is currently lying within the cell 5A( 1) (see location plan). 8. In full acknowledgement of this mistake, Shanks Waste Solutions immediately informed SEPA who, as a result, are pursuing their own enforcement measures open to them under the Environmental Protection Act 1990. Indeed, in terms of legal action, SEPA are considering preparing a report to the Procurator Fiscal. Furthermore in terms of dealing with the unauthorised material, SEPA for practical reasons relating to both Health and Safety and Environmental considerations have agreed that Shanks Waste Solutions leave the material on site, but ensure both the accurate recording of its location, and the control of excavatioddrilling or other activities in the vicinity. This is consistent with the stance taken by the Health and Safety Executive in relation to such events. 9. In effect, SEPA will require the correct management of the waste on site as opposed to taking it elsewhere. 10. Following this incident, Shanks Waste Solutions also informed this Department by letter of 11 October, of the breach of condition 7 of planning permission 86458. It is understood that Greengairs Community Council was also informed by Shanks Waste Solutions. Local member, Councillor Cox, has also learned of the incident and by letter of 9 October 2000 has requested that immediate action be taken by the Council in relation to condition 7 of the planning permission. Council Action 11. In view of the details of the existing planning permission, it is understood that any deposit of waste which is unauthorised by SEPA under the waste management licence, is regarded as a breach of condition 7 of planning permission 86458. In this case therefore it is considered that a breach of condition 7 has indeed taken place. 12. Under the Town and Country Planning (Scotland) Act 1997, the Council has the power in cases of this type to address breaches of conditions through enforcement action by the serving of an Enforcement Notice or Breach of Conditions Notice. Both tools would serve the purpose of specifying steps that are required to be carried out in order to remedy the breach. Any failure to comply with any of these Notices would constitute an offence under the Act, punishable through the Courts. At present, it is important to note that under planning legislation the operator has not in fact committed any such (or other) offence. 13, In this particular case, given that the breaches involve taking material into the site, the steps to remedy the planning breach would in turn require the material to be taken back out. Greengairs Landfill Site 123 14. In this respect, SEPA have indicated that the material should remain on site and be managed in a particular way rather than being taken off the site. Given this position held by SEPA, and that, as established above, any action under planning legislation should be complementary to that of the waste regulator, it would not be appropriate in this case to seek the removal of the material under planning legislation. 15. Nevertheless, whilst SEPA are attending to this matter as the waste regulator, it is very important that Shanks Waste Solutions are made aware that the Council is takmg this incident seriously in relation to the failure to comply with condition 7 of the planning permission. Recommendation 16. It is recommended that 1) Members note the contents of this report and agree than no action be taken under planning legislation in relation to the breach of Condition 7. 2) Members agree that the Director of Planning and Environment should respond in writing to Shanks Waste Solutions, to express serious concerns about this incident in relation to condition 7, and to reaffirm its expectation that the operator shall implement in full all remedial measures specified by SEPA, as waste regulator. Background Planning permission 86458. Letter from Shanks Waste Solutions, dated 11 October 2000. Letter from Councillor Sandra Cox, dated 9 October 2000. Circular 4/1998 : The Use of Conditions in Planning Permissions. David M. Porch DIRECTOR OF PLANNING AND ENVIRONMENT 10 November, 2000 For further information please contact Mr Gerard Quinn on 01236 812381 Grrengairs Landfill Site .
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