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AGREED – That, the work programme as attached at Appendix 1 to the report COGC/83/24s be agreed.
AGREED – (i) That an update report on the issues raised at today’s meeting be submitted to this scrutiny committee within the next six months detailing the following – · The level of complaints · Further information in respect of the monitoring of the air quality on site and the impact of carbon on site · The air monitoring equipment data for on and off the site (ii) That all parties be requested to co-operate and work with each other. (iii) That Public Protection Officers endeavour to attend the Hafod Landfill Site Liaison Meetings on a quarterly basis.
Apologies for absence were submitted on behalf of Councillors Bryan Apsley, Trevor Bates, Carrie Harper and Jeremy Newton
The minutes of the meeting held on 18 September were submitted. AGREED – That the minutes of the meeting held on 18 September be signed as a correct record
Members were reminded of their responsibility, under Article 11 of the Members’ Code of Conduct, to declare any interests in relation to any of the business to be transacted at this meeting. The following declarations were made: Agenda item 5 – Hafod Landfill Site Councillor Steve Joe Jones – Personal – Involved with Hafod Landfill Site Liaison Committee The Councillor remained in the meeting taking part in the discussion and voting thereon.
Y penderfyniad fel y'i cofnodwyd
AGREED – That, the work programme as attached at Appendix 1 to the report COGC/83/24s be agreed.
The Chief Officer Governance and Customer submitted a report COGC/72/24s which allowed Members to consider the draft work programme of the Homes and Environment Scrutiny Committee attached at Appendix 1 to the report. AGREED – That, the work programme as attached at Appendix 1 to the report COGC/83/24s be agreed.
Y penderfyniad fel y'i cofnodwyd
AGREED – (i) That an update report on the issues raised at today’s meeting be submitted to this scrutiny committee within the next six months detailing the following – · The level of complaints · Further information in respect of the monitoring of the air quality on site and the impact of carbon on site · The air monitoring equipment data for on and off the site (ii) That all parties be requested to co-operate and work with each other. (iii) That Public Protection Officers endeavour to attend the Hafod Landfill Site Liaison Meetings on a quarterly basis.
(Members declaration of interest in relation to this item are set out in Minute 18 above) The Chair welcomed representatives of National Resources Wales (NRW), Flintshire County Council and Enovert, to the meeting. Joint Local Ward Member (Councillor David A Bithell) addressed committee and in doing so thanked the Homes and Environment Scrutiny Committee members for considering a topic selection form in respect of the Hafod Landfill site that was submitted in June 2024. The Member also made the following points: · Enovert operates the Hafod Landfill site and has been operating the site for a number of years. Hafod Landfill site is permitted and regulated by Natural Resources Wales (NRW) for the landfilling of a wide range of domestic and commercial waste. · A Statutory Notice under the Environmental Permitting (England and Wales) Regulations 2016 Regulation 36 was served on the operator of Hafod Landfill Site on 21 December 2023 as Natural Resources Wales considered that conditions including leachate levels, landfill gas management and odour, were being contravened · Recognition that some improvements had been made during December 2023 and April 2024 and that regular contact with NRW had taken place. Communication on a local level had been ongoing with residents, liaison meetings, the Assembly Member and the Chief Executive of Enovert all being involved. However, due to the ongoing issues, he felt a lack of confidence in the site operator · Concern in relation to the reference that the number of complaints being referred to as low, as approximately 300 complaints should not be classed as low or insignificant · Recognition that local people want action as concerns relating to the odour have escalated. This also affects the surrounding wards and wider communities. · Clarification sought on NRW and their role and any potential impact on services received at the Landfill Site as a result of the current staffing consultation · A more proactive approach was required by NRW in addressing the issues raised by local residents · Clarification sought on the type of air quality monitoring that is in place and assurances sought that the actions and interventions will be taken to prevent the need for the high number of public complaints incoming Introducing the report (COGS/86/24s) the Lead Member for Planning and Regulatory (Councillor Hugh Jones) made the following points: · The local residents are entitled to a resolution to the ongoing issues related to the site · Reference made to the legislative information in point 4.9 on page 21 of the report about the one body to implement legislation and a reminder that the local authority’s Public Protection Department is closely involved in monitoring within the statutory regulations. The responsibility for the control and regulation of the site lies with NRW · The service received calls from residents near the site during late October 2023 and Officers contacted both NRW and the site operator to notify them of the complaints, including where the odours were most prevalent and the type and level of odour. The Chief Executive of Enovert addressed committee and shared the following information: · Assurances given of their willingness to engage with all of the regulators and with the public through the liaison meetings. · Following the notice being served in December, 2023, Enovert stated that they had acted quickly to undertake the works as recommended by NRW and also that they had been compliant with their permit · Assurance given of the commitment to invest in the Hafod site particularly in relation to gas control and future capping works and where necessary temporary capping works. · Assurance given of additional monitoring in relation to the increase in volume of gas extraction and ultimately ensuring operations do not negatively impact on the neighbouring community · Recognition that some improvements in the site were noted over a period of time Members of the Committee considered the report and during debate made reference to the following matters: · Confirmation that the concerns of the local residents had been raised at liaison meetings · Disappointment that despite invitations to attend the Liaison Meetings, no representatives present from the Environmental Department and the Highways Department · Clarification by the Public Protection Service Manager that they were clear about their role in the process and that they worked together with NRW. The number of complaints being referred to as low, related to the number of complaints being fed into the Public Protection Team, there had been approximately 16 complaints received, this did not refer to the number complaints received by NRW · Confirmation by NRW that they had received the following number of complaints between October 2023 and August 2024: 147 (October 2023 to January 2024); 75 (May 2024); 94 (July to August 2024). A site audit was undertaken which highlighted some issues which related to capping of waste on site and omissions of landfill gas. · As the enforcing authority, NRW were sent complaint details (without personal information) and the complainants advised of the NRW Incident reporting phone number and online complaints options · Three additional odour complaints have been received by Public Protection during 2024. · Officer reminded committee that in this case issues such as odour would be captured under the permit process and not the planning process. · As a local authority, we continue to support the NRW from a regulatory perspective, and have undertaken a review of the legislative enforcement options. · We understand that the operators have complied with the notices served by NRW in December 2023 but we are not aware of any additional issues that may have been brought to the site operator’s attention by NRW since the service of the notice. · NRW served the regulation notice to Enovert with several actions to be completed by March 2024 the actions had been completed therefor the notice had been complied with and this in turn appeared to reduce the number of complaints · NRW had subsequently carried out further audits since March 2024 and found that measures had been addressed and no further breaches of permit found therefore Enovert had been compliant with their permit requirements · NRW acknowledged that odours had been detected in the area. All documentation relating to the site is available on the public register. · NRW confirmed that they carry out ‘Walk Abouts’ around the Johnstown area to detect significant odours · Confirmation from NRW that a Citizen’s Web page would contain regular updates of actions being undertaken at the site · Two liaison meetings had been held with NRW since the incidents were notified to Public Protection. A joint visit of Officers from Public Protection and NRW was also carried out to ascertain the progress of the work required. · Complainants had been directed to the NRW complaint handling service, or complaints had been passed to them by Officers. In addition, Officers had kept in contact with NRW to keep appraised of the compliance status of the site. · FCC representative informed Committee that NRW representatives had been present at quarterly meeting on site · Acknowledgment that whilst efforts were being made following the notice served in December 2023, the odour continues to have a detrimental effect on the quality of life for those in the local community · Concern raised that following the notice served to Enovert by NRW, is the site icompliant and why did the issue continue? · Assurance given by Enovert that they remain compliant with their environmental permits regarding the odour boundary condition · Collectively agencies need to collaborate in what could be done to improve the situation and the co-working needs to continue · Clarification was sought on how is odour was measured NRW confirmed that odour was measured in accordance with odour management guidance using levels 0 – 6 0 = No odour 3 = Distinct odour 6 = Strong odour · A leachate action plan had been implemented to assist with the reduction of leachate levels in the wells, although levels had remained high · Officer confirmation that local residents wishing to raise a concern should contact the primary regulator NRW, meetings took place on a regular basis involving all parties and assurance given that whilst we all work together the primary responsibility is on the operator and the regulatory aim is on NRW to ensure standards are acceptable · The Local Authority could only instigate action in the court with the permission of Welsh Ministers and substantial evidence would be required to prove NRW were not acting on complaints. On the basis of the evidence in the report it would be unlikely that the Local Authority would gain permissions from Welsh Ministers to pursue. A request was made by the Chair of the Committee to allow two members of the public the opportunity to speak. The Legal Officer advised the Chair that in line with the constitution it would not normally be allowed as questions would be required in advance, however given the contextual nature at this point in the meeting if the questions were kept concise it could, in this case be appropriate. A vote was taken by Committee to show agreement of the Chair’s request The first question raised by a local resident was “When is this smell going to stop?” In answer to the question raised NRW responded confirming that they have a good relationship with Hafod Liaison Committee and are continually working to address the issues that residents are experiencing. Assurance given that the aim of their regulatory work was to ensure that no residents are affected and to take action to address any permit breach and to stop any odours in Johnstown NRW also confirmed that although Public Health Wales are not in attendance at the committee meeting, they attend quarterly meetings with NRW The second question raised by a resident was “since there is a persistent issue, what further additional opportunities might there be for increased monitoring of the leachate levels?” NRW responded explaining that on the permit the site was only required to monitor leachate levels quarterly. The data was then reviewed by NRW to assess if they were compliant or not. A factor for consideration would be that the compliance limit and when the water is being pumped out into a leachate storage tank, this is then taken off site. During this process there is the possibility of the generation of some short lived odours. Consideration could also be given to the drawing down process, which could in turn produce more gas. Discussions could be held with the operator in relation to what further measures could be taken to address these, alongside the current leachate action management plan The recommendation therefore is that the Committee consider the steps being taken by the site operator of Hafod Landfill site, the enforcement action currently in place led by Natural Resources Wales Query raised in relation to high odour levels out of hours and what type of monitoring processes would be in place? NRW confirmed that there was an out of hours rota and a 24 hour incident hotline number. The complaints would be directed straight to the site operator and duty rota officers and if necessary attendance by NRW out of hours Enovert assured committee that regarding leachate level monitoring there were transducers in the leachate wells providing continual monitoring Joint Local Member (Councillor David A Bithell) thanked all of those present for attending the meeting and asked committee to consider what interventions and support you can offer to the local community to improve the situation Suggestion made by a member that the monitoring of leachate levels be undertaken monthly rather than quarterly NRW responded to confirm that whilst that wasn’t in the permit discussions could be held to consider monthly leachate monitoring and more frequent access to the data. Enovert responded to confirm that monitoring was carried out monthly therefore the reporting could be increased Clarification on any actions having been implement to reduce fire risk? Enovert confirmed that the Hafod Landfill Site was not considered high risk in relation to fire AGREED – (i) That an update report on the issues raised at today’s meeting be submitted to this scrutiny committee within the next six months detailing the following – · The level of complaints · Further information in respect of the monitoring of the air quality on site and the impact of carbon on site · The air monitoring equipment data for on and off the site (ii) That all parties be requested to co-operate and work with each other. (iii) That Public Protection Officers endeavour to attend the Hafod Landfill Site Liaison Meetings on a quarterly basis.
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