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EA revokes environmental permit for West Yorkshire waste site

The Environment Agency has served a notice to revoke the environmental permit for Mineral Processing’s waste site in South Elmsall, West Yorkshire.

The permit revocation forms part of the EA’s enforcement efforts to “reduce the impact” the site is having on the local community.

Once the revocation takes effect, the company must cease all activities allowed by said permit. Once in effect, it must also take the steps set out in the notice to remove waste from the site. If it does not comply with the notice, it will be committing an offence.

Mineral Processing has 20 working days to appeal the decision through the Planning Inspectorate. If an appeal is made against the revocation, the permit will remain in place until the outcome of the appeal.

It follows a decision announced by the Planning Inspectorate on 3 June to dismiss the appeal made by Mineral Processing against the EA’s decision to issue a suspension notice at the site. This means the suspension notice remains in place.

The Inspectorate agreed that the waste on site exceeded the permitted amount ‘by some considerable margin’.

The decision also established that waste was being “misdescribed” – in that waste was being brought on to site that is not allowed by the permit. This includes evidence from EA testing in 2022 that is said to have found hazardous substances.

It also agreed there is a risk of pollution from the site as set out in the Environment Agency’s suspension notice – leachate entering ground waters and surface waters; waste escaping from the site as dust and litter; odour from deposited waste and a risk to human health or the quality of the environment from increased methane levels.

‘Total disregard’

Carly Chambers, area environment manager for the Environment Agency in Yorkshire said: “Mineral Processing has shown a total disregard for the regulatory efforts of the Environment Agency and the impact on local residents and the environment.

“Following the decision by the Planning Inspectorate we have therefore taken immediate action to revoke the environmental permit for this site.

“We know the impact this site is having on the local community, and we continue to take robust action against the operator. We are also investigating suspected offences committed since the suspension notice was issued.”

As well as revoking the permit, the EA is investigating suspected offences committed since the suspension notice was issued. It is assessing all its enforcement options, which may include serving further enforcement notices and prosecution.

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