County Durham Waste Local Plan.

10 Waste Disposal.

Landfilling and Landraise

10.1 Waste disposal by landfill is by far the dominant form of waste management in the County.  As previously discussed, the extent of this reliance on landfill must significantly be reduced over the plan period.  The Plan seeks to move towards a more sustainable waste management system, which has greater recycling, composting and recovery facilities.  This shift is supported by the mechanisms of the Landfill Tax and the EU Landfill Directive. Regardless of these measures, landfill will remain an important waste management option and an essential component of an integrated waste management strategy for the County.  There are also wastes where it is the only available waste management option and the BPEO, such as heavy sludges from some industrial processes and some incineration residues.  At current rates of tipping, it is clear that new landfill capacity is going to be required during the plan period.

10.2 In addition to the progressive mandatory limits on the landfill of biodegradable municipal waste, the Landfill Regulations require both new and existing landfill sites to be designated as inert, hazardous, or non-hazardous sites, ending the practice of co-disposal of wastes.  This process was completed in 2004.  The Landfill Regulations require that waste must be pre-treated before it is landfilled and certain wastes are banned from landfill altogether, such as liquid wastes and tyres.  Gas from all landfill sites accepting biodegradable waste must be collected, treated and used (see Policy W 48).  The Landfill Directive is intended to reinforce the shift away from landfill towards greater recovery of waste. It will have numerous complex impacts on the implementation of the Local Plan. These impacts will need to be closely monitored.  The Landfill Regulations also set out the general considerations to be taken into account in locating landfills.  These include the distances to sensitive receptors, the existence of groundwater, coastal water or nature protection zones; geological or hydrogeological conditions, the risk of flooding, subsidence, or landslides on the site; and the protection of the natural or cultural heritage in the area.  Where appropriate, each of these considerations is acknowledged and addressed in Section 6 of the Plan.

10.3 The Environment Agency has issued guidance on the location and impact assessment of waste management facilities.  The guidance indicates that waste management facilities should be located where they minimise environmental harm.  More detailed guidance on this issue is provided in Section 6 of the Plan.

10.4 PPG 23 recognises that the distinction between planning and pollution control is not always clear cut, and that matters which may be relevant to a pollution control authorisation or license may also be material planning considerations to be taken into account in planning decisions.  Paragraph 1.34 of PPG 23 advises that planning authorities should not substitute their own judgement on the potentially polluting effects of landfill developments for that of the Environment Agency.  Policy W 38 clarifies the land use planning considerations for the location of landfill and landraise and complements Section 6, specifically Policy W 27 (Protection of Water Resources).  The Environment Agency’s Regulatory Guidance Note 3 (RGN 3) outlines their position on the protection of groundwater from the polluting risk of landfill and landraise developments.  The County Council will consult the Environment Agency on all applications and during pre-application discussions for landfill and landraise development in relation to RGN 3 as a material planning consideration.

10.5 PPG 10 advises that Waste Planning Authorities "should not seek to prohibit the development of particular types of facilities unless they are confident that adequate alternative facilities will be available in their area.  They should recognise that, whilst it can be valuable to set targets for the various waste management options, there is no guarantee that these will always be met".  Whilst in such circumstances the absence of alternative provision could result in insufficient disposal capacity, the possible consequence may be that waste may have to be transported over longer distances in contravention of the proximity principle.  It is only through careful management of waste disposal capacity that Waste Planning Authorities can be proactive in encouraging more sustainable waste management options further up the waste hierarchy and bring about a shift away from landfill.

10.6 It is therefore reasonable to require proposals for new landfill capacity to demonstrate that there is a need for the facility.  Applicants will be required to demonstrate that the need cannot be met by alternative waste management methods which are above landfill in the waste hierarchy.  Alternatively, evidence will be required to demonstrate that there are other material considerations which override a lack of need, such as the opportunity to reclaim degraded or contaminated land, and that this represents the BPEO.  It is recognised that landfill or landraise can sometimes be a valuable means of reclaiming derelict or contaminated land and restoring former mineral workings.  Whilst planning permission for additional landfill capacity needs to be carefully controlled, there may be particular circumstances where landfill represents the BPEO.  There may be compelling evidence that a lack of short term landfill capacity would, if not met, have a serious impact on the environment through an increase in waste material being transported by road across the County.  Proposals must demonstrate that this capacity cannot be accommodated elsewhere in the County on the basis of the BPEO.  It may also be the case that a proposal is needed to provide a facility for the disposal of residues from an adjacent MRF or Energy from Waste facility and that in locational terms, the proposal represents the BPEO.

10.7 Where proposals for landfill come forward, they will need to demonstrate that they contribute to a sustainable waste management system and represent the BPEO and that they meet the criteria and policies of the Development Plan.  The objectives and guiding principles set out in the Strategy and the overarching policies and criteria in Section 5 will be used to assess whether a development proposal contributes to a sustainable waste management system in County Durham. 

10.8 Inert wastes are commonly used in non-inert landfill sites for site reclamation and in site engineering.  A balance needs to be drawn between the beneficial use of inert materials for these site engineering purposes and their potential use in place of primary aggregates.  Operators of non-inert waste landfill sites will be encouraged to take measures to ensure that the amount of inert waste which is landfilled is minimised to be consistent with environmental, operational and reclamation requirements.  Wherever possible inert waste should be segregated and reused to help to conserve existing landfill capacity for non-inert waste.  Re-use will most likely be for lower grade uses such as for daily cover, bunds, roadways and restoration, but should include higher grade uses where practicable.

10.9 Non-inert landfill sites produce leachate, which is caused by water percolating through waste.  This is a potentially polluting liquid that can cause harmful effects to groundwater and surface water.  Any leachate produced must be safely controlled and managed.  Given that leachate can continue to be produced for many years beyond the cessation of waste disposal operations, it is important that monitoring continues until levels are safe.

10.10 RGN 3 expresses concern as to the reliability of long term active site management, such as leachate collection systems to prevent long-term water pollution, and that Risk Assessments must now consider the long-term degradation of such measures.

Reclamation of former mineral workings.

10.11 The approach taken in the Waste Disposal Local Plan (adopted in 1984) was to match predicted waste arisings with sufficient landfill disposal capacity, including the use of waste to restore quarries.  The significant change in the approach to waste management policy since that Plan’s adoption aims to increase the recovery of waste and reduce the volumes of waste which are landfilled.  The diversion of waste to recycling is beginning to have an effect on the rates of incoming waste at licensed landfill sites, notably for inert waste.  A lack of sufficient inert material may delay reclamation of some mineral workings.  Problems encountered from the suspension of tipping operations, caused for example when there is insufficient material to achieve the approved reclamation scheme, are addressed in the Reclamation section (Section 12).  Proposals for mineral extraction will normally need to demonstrate that an appropriate form of reclamation is viable without the need for large-scale imports.  Future restoration and reclamation of land is likely to require the development of alternative and more innovative reclamation strategies.  Proposals for the reclamation of mineral workings will also be assessed against the policies and proposals of the County Durham Minerals Local Plan.

10.12 Past reclamation standards at many former waste disposal sites in the County have been significantly below modern standards.  Standards have recently improved in response to more stringent environmental requirements, better industry practice and stronger planning control.  The Environment Act 1995, supported by Government Guidance in MPG 14 Environment Act 1995: Review of Mineral Planning Permissions (published September 1995), requires the updating of old mineral planning permissions in order to secure improved operating and environmental standards.  The review process may offer the opportunity to bring about the reclamation of a mineral site to an appropriate standard without importing waste material.  Policies M48, M49 and M53 of the County Durham Minerals Local Plan also seek to secure improvements needed to ensure the satisfactory working and reclamation of quarries.

Tipping on agricultural land.

10.13 The adopted Waste Disposal Local Plan carried a presumption against tipping on agricultural land but allowed tipping of baled waste or inert material on unproductive agricultural land if agricultural quality was improved.  The significant changes in national waste management policy require this approach to be reviewed.  There may be cases when the need to improve degraded agricultural land can be justified, for example to achieve adequate surface water drainage or allow land to be worked more easily.  However, this would normally require material such as construction and demolition waste which can usually be readily recycled.  There are also several sites, mainly former mineral workings, which are licensed to accept inert waste materials for positive reclamation purposes.  The diversion of clays and soils away from permitted landfill sites which require these materials to achieve approved landforms and after-uses may impede and delay their timely and proper restoration.

Energy recovery from landfill gas.

10.14 One of the main aims of the Landfill Directive is to reduce emissions of landfill gas (methane) from landfill sites.  Most landfill sites in the County at present either passively vent or flare off the gas.  The Landfill Directive requires that all landfills accepting biodegradable waste include measures to treat and use the gas.  If it is not possible to use the gas for energy generation, it must be flared.

10.15 New proposals for development at existing sites may present the opportunity to install a system which will positively utilise the available gas.  The availability of funding, initially through the Non Fossil Fuel Obligation (NFFO) and now through the Renewables Obligation, has acted as a catalyst for the development of power generation schemes from landfill gas.

10.16 4 megawatts (MW) of power is already being generated from landfill gas at the former Coxhoe landfill site and 2MW at St. Bedes landfill site.  Planning permission has been granted at Bolam and Todhills landfill sites to generate landfill gas but they are not yet operational.  Further proposals will be looked on favourably where they represent the BPEO.  Consideration will be given to the location of the necessary infrastructure to ensure that there is no adverse impact on amenity through noise or visual impact, or interference with the reclamation of the site.  Proposals in the Green Belt will be considered against Policy W 10

Incineration without energy recovery.

10.17 Incineration without energy recovery is not generally considered to be a sustainable waste management option and it does not comply with the guiding principles and overall aims of the Waste Local Plan.  However, for some wastes, such as special wastes and medical or clinical wastes, incineration may be the Best Practicable Environmental Option.  The vast majority of these types of waste are exported outside the County to specialised facilities and the County Council considers that there is sufficient existing capacity to deal with such waste arising in County Durham for the Plan period.  However, any new proposals will be assessed against demonstrable need and the criteria and policies of the Development Plan.

Mining of waste.

10.18 Mining of waste involves the recovery of materials from a landfill site by re-excavating and processing the previously deposited waste.  Proposals to re-work sites may come forward for technical reasons, for example to re-engineer a landfill site or to overcome a pollution problem or to allow further development on the land. Alternatively, a change in economic circumstances may prompt an interest in re-using deposited waste, such as the introduction of the Aggregates Tax.

10.19 However, re-excavation of waste can cause significant amenity problems  and, particularly if putrescible waste is involved, can cause problems through the release of landfill gas, leachate or odours.  It can also result in contamination of materials and a long term delay to site reclamation.  For these reasons, a balance needs to be stuck between encouraging the re-use and recycling of materials and the impact that re-working may have on the site and its surroundings.

10.20 The removal of waste materials such as mineral working deposits, ash and clinker is classed as mineral extraction and proposals are subject to policies in the County Durham Minerals Local Plan.

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