WRG fined over landfill gas in landmark ruling

The company, which manages Hermitage Landfill site near Newbury, Berkshire, pleaded guilty to two offences under the Environmental Permitting Regulations 2007 and its predecessor the Pollution Prevention and Control Regulations 2000.

Newbury Magistrates' Court ordered the company – full name Waste Recycling Group (WRG) Central Limited – to pay £20,000 in fines, £8,169 in costs and a £15 victim surcharge, a total of £28,184. This is the first time the Environment Agency has prosecuted a landfill company for gas emissions.

The court heard that WRG is responsible for the site, which was used to dispose of waste from local households and businesses. The landfill site has not been in use since 2004 and was covered with a clay cap and restoration soils to completely bury and contain the waste. The site is regulated under the terms of an environmental permit issued by the Environment Agency.

Alarm

Part of WRG's environmental permit is to ensure a system is in place to capture the landfill gas which is produced by decomposing waste. The extraction system consists of a large number of wells that draw landfill gas out of the site and pump it to a flare. The flare burns the potentially harmful gas and converts methane to carbon dioxide. An alarm system is activated if there is a fault with the flare to allow an emergency plan to be put in place. Regular monitoring of the site by the operator is meant to ensure that any problems with the gas collection are detected.

However, in May 2008 the site was being restored for agricultural use and on-site buildings were demolished as part of the work. The power supply to certain areas of the site was switched off, including the gas flare alarm system.

On 6 June 2008 the company found that a large number of perimeter boreholes had exceeded the permitted levels for methane and carbon dioxide. The alarm system had not alerted the company for up to two days between 4 – 6 June. The loss of the gas flare meant that there was no gas extraction across the landfill, resulting in gas escaping in several directions as well as the potential of it escaping into the atmosphere.

The Environment Agency also said that the company failed to operate the site in accordance with the site management system between January and June 2008. A number of management procedures regarding the maintenance, upkeep and monitoring of the gas collection system and gas flare were not followed.

During an interview with the company it was confirmed that the failure of the alarm was due to the disconnection of the electricity supply during the on-site work. It was also noted that no back up or replacement alarms were installed during the time that the electricity was switched off. The reason for the breakdown of the flare was also not established.

Chris Young, an Environment Agency pollution prevention and control officer, said: “The conditions of a permit require operators like WRG to ensure closed landfills are managed in a way that protects the environment and not add to the effects of climate change.

“Landfill sites can produce a significant amount of greenhouse gases long after the site has closed which needs to be carefully controlled. The defendant was not managing the landfill in accordance with its site management system and was unaware that the gas flare had failed.

“The Environment Agency takes its role in combating climate change seriously. We have been strengthening the permits issued to landfill operators to ensure that we are doing the best we can for the environment. A prosecution for gas emissions is one of the first of its kind and serves as a reminder to operators that they must take their obligations seriously.”

The magistrates said: “We take environmental offences very seriously. We accept that there was no financial gain and that this incident was careless. However, the defendant is a large professional waste company and should have known their business. We recognise that the defendant has co-operated fully and have taken their mitigation into account. “

During mitigation in court, WRG stated that it had taken steps to rectify matters following the incident, including notifying the Environment Agency and extensive monitoring of gas. It also conducted a review of the management procedures and had spent a considerable amount on environmental matters. It had co-operated fully with the Environment Agency and pleaded guilty at the earliest opportunity.

'Regret'

In a statement, Waste Recycling Group said it “sincerely” regretted the particular circumstances which led to the prosecution and remained committed to high operating standards and the protection of the environment.

It said: “Waste Recycling (Central) Ltd has admitted to historic non-conformances of the environmental permit for the former landfill site at Hermitage, near Newbury, relating to an isolated incident over two and a half years ago.

“Due to infrastructure failing, without warning, for a limited period, levels of naturally occurring substances in landfill gas measuring points became elevated. The matter was promptly reported by the company upon identification and voluntary remedial action was taken. No harm was caused to human health. On investigation also the site systems at that time did not wholly accord with the written procedures in place which have been rectified and thoroughly reviewed and enhanced.

“The company has co-operated fully with the Environment Agency throughout and continues to substantially invest in environmental measures at the site.”