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Leader Live
09-05-2025
- Politics
- Leader Live
Hafod landfill campaigner criticises lack of enforcement over smell
Earlier this month councillors told Hafod landfill operator Enovert to 'get it right or shut it' at a meeting of Wrexham's Homes and Environment Scrutiny Committee - but council officers insisted that the environmental permit issued and regulated by Natural Resources Wales held Enovert to account and further enforcement action would not resolve the problem for residents. Now one campaigner has sent an open letter to the council criticising officers' unwillingness to act over a problem that has blighted the surrounding communities for almost 20 years. Steve Gittins said the council had a 'moral responsibility' to take action to protect residents and end the odour problem at Hafod. "Wrexham Council has both the legal authority and the moral responsibility to act," he wrote. "Under the Environmental Protection Act 1990, local authorities have the power to issue abatement notices in cases of statutory nuisance. "These powers are not contingent upon NRW's actions, nor are they negated by them. In fact, where one regulator is perceived to be failing, it becomes all the more critical that another steps in." During the committee meeting Ian Jones, Head of Service for Public Protection at Wrexham Council told councillors the NRW environmental permit was designed to regulate Enovert's activity - meaning any statutory notice from the council would effectively be a double-regulation that could lead to a legal challenge. "We theoretically get into a position where one organisation is being dealt with by two legal processes," he said. "That is not right and the courts wouldn't look favourably on that. "So the key thing for us - and the advice we get from Welsh Government and UK Government - is to use the permitting process. It is a better and more defined process for enforcement and addressing the matter than statutory nuisance notices." But in his letter Mr Gittins called the officers' claims into question, citing a specific example where a council in England had recently taken action in similar circumstances. "The response by Newcastle-under-Lyme Borough Council to the long-running crisis at Walley's Quarry offers a clear and successful precedent," he wrote. "In 2021, the council independently issued an abatement notice despite the Environment Agency's jurisdiction. "That notice was upheld following mediation and became enforceable in 2023. The Environment Agency then issued a closure notice in 2024. Together, these actions brought tangible relief to the affected community. Wrexham Council should do no less. "The truth is plainly visible to anyone who chooses to look honestly. Yet those in power seem more intent on preserving illusion than confronting the facts." Read more: 'Get it right or shut it' - councillors issue ultimatum to Hafod landfill operators 'End nightmare caused by Hafod refuse tip smell' Frustrated residents turn out in numbers to protest ongoing Hafod landfill issue In response to the letter Councillor Hugh Jones, Wrexham Council's Lead Member for Strategic Planning and Public Protection, said: 'We are working closely with NRW, site operators and local community councils to monitor and mitigate off-site odour issues for local residents, and we continue to support Natural Resources Wales (NRW) and the measures it has put in place with regards to the Hafod landfill site. 'The council undertook a review of legislative enforcement options towards the end of last year, including the likelihood of the site operator being able to appeal against or defend any legislative action taken by the council – especially given the fact it already faces enforcement action from NRW, and further action by the council might be seen as unnecessary by the courts. 'Legal processes and court actions can be very long, and so we have to consider enforcement action very carefully before going down that route. Our primary focus is to support NRW and Enovert in reducing the odour emission from the site in a timely manner for the benefit of the local community. We are aware there have been cases in other parts of the UK where councils have taken action against landfill site operators – some of the circumstances have been quite different and we recognise the available option should it be required. 'As a result, we'll continue to work closely with NRW, Enovert and other members of the Hafod landfill stakeholder group, with a view to supporting our communities and ensuring continued progress.'
North Wales Live
28-04-2025
- Politics
- North Wales Live
Fury as ministers reject call to intervene in North Wales landfill site 'crisis'
Campaigners have criticised Welsh ministers for rejecting calls to revoke a permit for a landfill site despite concerns about the 'unbearable' stench plaguing people's lives. More than 1,100 people signed a Senedd petition which warned of an overpowering smell from the landfill site at the former Hafod quarry in Johnstown, Wrexham. Steve Gittins, who submitted the petition, said local people have suffered persistent and worsening nuisance from the tip over the past 19 years. In a letter to the Senedd's petitions committee, he wrote: 'At the heart of this issue is a failure of systems designed to protect communities like Johnstown.' But, in response to the petition, the Welsh Government suggested it would be inappropriate to use its powers to direct the regulator, Natural Resources Wales (NRW), to intervene. Mr Gittins wrote: 'It is deeply disappointing to see yet another well-rehearsed shrug of responsibility wrapped in bureaucratic jargon, where real leadership and environmental justice are sorely needed.' Accusing ministers of 'fear-mongering dressed up as pragmatism', he rejected "misplaced" claims that revoking the permit could see the site abandoned. Mr Gittins said: 'To suggest that closing the site might cause greater harm implies that residents must accept ongoing exposure to foul odours and associated health risks simply to avoid enforcing the law. 'This is a staggering position that sets a dangerous precedent, one where a permitted operator may breach environmental standards with impunity because enforcement might be 'too risky'. If NRW cannot enforce closure obligations, that is an indictment of the regulator – not a justification for continued harm.' Join the North Wales Live WhatsApp community group where you can get the latest stories delivered straight to your phone Writing to the committee, deputy first minister Huw Irranca-Davies cautioned that revoking the permit could result in the site deteriorating. Mr Irranca-Davies told the committee: 'The purpose of this direction-making power is to direct specific action to be taken where it is appropriate in the circumstances for the decision to be taken by Welsh ministers rather than by NRW. 'As the issues at Hafod landfill site are regulatory/operational decisions, I am confident that NRW as the regulator is best placed to determine the appropriate regulatory action and I therefore do not feel it is necessary to direct NRW to revoke the permit.' The climate secretary, who met NRW and site operator Enovert last month, added: 'NRW has a duty to regulate sites in accordance with the law. 'If they believe a site is not able to come back into compliance and poses a significant risk to the environment and people's health, the appropriate enforcement action will be taken.' Mr Gittins, from the Against Hafod Landfill Site campaign group, was dissatisfied with the Welsh Government's response, accusing ministers of complicity through inaction. Sign up for the North Wales Live newsletter sent twice daily to your inbox He said: 'The suggestion that NRW is 'working with the operator to bring the site into compliance' is a tired script we've heard for over a decade. And the outcome? Continued odour nuisance, health concerns and a landfill operating long beyond its anticipated closure.' The campaigner told Senedd members: 'If a builder ignores safety standards and your roof is on fire, you don't just schedule another meeting or create another committee – you shut the site down and fix the problem.' Mr Gittins suggested NRW was being treated as an 'untouchable entity' by ministers. 'The situation at Hafod is no longer a routine regulatory matter,' he said. 'It is a public health, environmental and accountability crisis – one that warrants ministerial intervention.' Pledging to continue the decades-long fight, he wrote: 'The people of Johnstown and surrounding areas deserve clean air, not political gaslighting. 'The narrative that revocation could 'make things worse' is not just wrong – it's a disservice to environmental law, public health and common sense.' Mr Gittins submitted a freedom of information request which revealed more than 81,000 tonnes of waste from Merseyside has been taken to the tip over the past five years. He said: 'Our community is being used as a dumping ground by Merseyside council, a council that only recycles 17% of its own waste. This must end now, enough is enough.' During a committee meeting on April 28, Senedd members agreed to keep the petition open pending further discussions on the best way to take the matter forward.
