The notice issued this week (September 1) forces Viridor to comply with its Environmental Permit and take positive action to improve odour control. If the company fails to act, the Environment Agency can then consider prosecution.
While attempts have been made to control the problem, we believe the operator needs to go much further
Matthew Thompson, Environment Agency
The Agency said that enforcement action comes after complaints regarding odour from residents in the neighbouring Small Dole village “increased six fold” between July and August of this year.
Under section 3.4.1 of the Horton landfill permit, Viridor is required to ensure that: “Emissions from the activities shall be free from odour at levels likely to cause annoyance outside the site, as perceived by an authorised officer of the Agency, unless the operator has used appropriate measures to prevent or where that is not practicable.”
Matthew Thompson, Environment Agency regulatory officer, said: “While attempts have been made to control the problem, we believe the operator needs to go much further. Odour management at Horton must be a top priority for Viridor to protect local residents from having to endure repeatedly unpleasant smells in their homes. This enforcement notice underlines how seriously we're taking the issue.”
Inspections
Inspections by the Environment Agency over the last six weeks revealed a number of problems at the site including poor coverage of waste being tipped and an infestation of seagulls.
But, while these issues have since been addressed, the Environment Agency visits have tended to coincide with times when smells have not been detected in the village making it hard to enforce any issues with odour.
However, during a recent meeting with residents and Small Dole Action Group members in the village, the problem was clearly illustrated to an Environment Agency officer.
Nigel Wonnacott from the EA said: “As we were discussing odour issues, a landfill gas smell wafted into the room we were in. It became sufficiently strong that we had to close the windows – on a warm summer's evening.”
“That's just a snapshot of what residents tell us they face on a daily basis and it's clearly not something any community should be forced to endure,” he added.
Viridor said it was disappointed with the action and a spokesman commented: “Site inspections from the Agency over recent weeks have failed to identify any significant issues and confirmed that operations on site were compliant, so the notice is unexpected.
“Operations on site have continued in accordance with the existing Environmental Permit's requirements, which include an odour management plan, however a delay in receiving consent for a variation in the permit is affecting the way the site operates.
“Viridor submitted an application for a permit variation last year and we are still waiting for the Agency's response. The application contains a clear, comprehensive and updated odour management plan, which would have been in place by now if the application had been determined.
“We are duty bound to respond to the enforcement notice within the specified timescales and we'll do so accordingly, however we will also review in detail the foundations for the notice and consider what further action we'll undertake if appropriate”.
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