Ongoing enforcement action against the permit holders for a Tandragee landfill has prevented the NIEA from answering questions put to them in a Freedom of Information request (FoI).
In March of this year, residents living in the vicinity of Lisbane Landfill sought clarity in regards to the current permit holder’s regulatory financial provision.
A bid to extend the Lisbane Landfill on the Aughlish Road was submitted to Armagh City, Banbridge and Craigavon Borough Council back in 2022 by Ark Enviro Ltd (now NWP Enviro Ltd).
If approved, the extension to the existing non-hazardous landfill would make the site more than three times its current size.
For clarity, the applicant for the extension, NWP Enviro Ltd, and the permit holder for the existing landfill, Blue Sky Resource Recovery Ltd (Blue Sky), are separate companies. Those involved with Blue Sky are not connected with the current planning applicant.
In Northern Ireland, the permit holder for a landfill site is the operator responsible for managing the site, ensuring environmental compliance, and paying landfill tax. These operators must hold a Pollution Prevention and Control (PPC) permit issued by the Northern Ireland Environment Agency (NIEA).
Related: Residents raise fresh fears over Co Armagh landfill as NIEA flags ‘financial provision’ concerns
However, in the time that has passed since plans were first submitted, it has now come to light that the landfill operator and permit holder – Blue Sky – has been issued correspondence from NIEA regarding their financial provision.
An enforcement notice – seen by Armagh I and dated June 2024 – explains that notice was being served on Blue Sky by the Chief Industrial Pollution Inspector (or on behalf of the inspector) for “contravening” or being “likely to contravene” conditions of their PPC permit.
Naturally, residents became concerned that the site could be granted a possible extension to increase their operations, while the permit holder maintained inadequate financial provision for the existing site.
It is prudent to note that resident concerns relate more fundamentally to the existing permitted landfill and, whether, in the absence of restored financial provision, any future closure or aftercare liability could ultimately fall to the public purse. Those concerns apply irrespective of the current planning outcome.
Armagh I submitted an FoI to NIEA’s Regulation and Enforcement Division seeking clarity on a number of points regarding the ongoing situation at the landfill.
The submitted request asked how many times in the last five years enforcement action has been taken against Blue Sky Resource Recovery Ltd by NIEA; has enforcement action been taken for matters including mishandling of waste or illegal waste management; has asbestos ever been discovered at the site; has all enforcement action been concluded to the satisfaction of NIEA; has NIEA ever attempted to prosecute Blue Sky Resource Recovery Ltd; and is the current PPC Permit as held by Blue Sky Resource Recovery Ltd for this site currently valid without restrictions?
Related: Tandragee landfills reek havoc: Concern for second waste site development joins Aughlish Road chorus
In at least partial answer to one of the above questions, NIEA responded: “I can advise that the Department has completed its search and can confirm that it holds some of the information you have requested. However, due to ongoing enforcement action relating to Lisbane Landfill/Bluesky, Regulation 12 (5) (b) is applied.”
As such, the Department deemed it “would not be in the public interest to fulfil the request made by the requestor”.
The response did also note that the Lisbane landfill has a “closed asbestos cell”, however, it stopped accepting waste in June 2013.
The planning application in respect of the landfill site remains active on the NI Planning Portal. Again noting this application has been submitted by Ark Enviro Ltd and not the permit holder, Blue Sky.
It continues to gather objections, largely surrounding nuisance odour and gas emissions.
Owning to the number of objections received, the application will appear before Council’s Planning Committee for decision.
