Environment Agency revokes Yorkshire waste site permit

This means that, once the revocation takes effect, Mineral Processing Ltd in South Elmsall must cease all activities allowed by the 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 Ltd 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.

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

Planning Inspectorate dismisses suspension notice appeal

It follows a decision announced by the Planning Inspectorate on Tuesday (3 June) to dismiss the appeal made by Mineral Processing Ltd against the Environment Agency’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 Environment Agency testing in 2022 that found hazardous substances, which is not permitted.

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’ for regulatory efforts

Carly Chambers, Area Environment Manager for the Environment Agency in Yorkshire said:

Mineral Processing Ltd 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.

The Environment Agency issued a suspension notice to Mineral Processing Ltd in June 2024, which it appealed to the Planning Inspectorate. The suspension notice remained in force during the appeal period.

The suspension notice means the environmental permit does not authorise waste being brought on to the site. It also requires the staged removal of waste that has been brought on to the site by Mineral Processing Ltd in breach of its permit.

The breaches of the environmental permit result in an increased risk of pollution, including the potential for odour, which has been impacting on the local community over recent months. Not abiding by a suspension notice is an offence.

Agency is investigating suspected offences

As well as revoking the permit, the Environment Agency 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.

Current work at the site includes:

• Carrying out odour monitoring in the area to collect evidence to determine the impact on the environment and community. There is a Mobile Monitoring Facility (MMF) installed in the area, and handheld gas analysers are also used.
• Requiring the operator to submit an Odour Management Plan to address the ongoing odour pollution.
• Continuing to inspect the site and recording permit breaches, as well as acting on intelligence to carry out proactive operations around vehicle movements.
• We are working closely with partners including the UK Health Security Agency (UKHSA) and Wakefield Council.