Whitemoss is an important part of the UK’s hazardous waste management infrastructure.
Located less than 500 metres from junction 4 of the M58 motorway Whitemoss has, for more than twenty five years, been an important facility for disposal of residues from recycling activities and the remediation of contaminated land.
Where hazardous wastes cannot be recycled then those residual wastes need to be disposed of in accordance with best engineering practice to mitigate their environmental impact.
Any wastes received at the site must be pre-treated and meet stringent waste acceptance criteria before they can be accepted. The majority of wastes that we accept are contaminated soils allowing remediation of brownfield sites, residues from recycling such as filter cakes and ash from burning of wood and paper in biomass plants.
Development Consent Order
Because of the important role that large hazardous waste landfill sites fulfill in the management of wastes in the UK the Government considers them to be Nationally Significant Infrastructure Projects (NSIPs). When the Planning Act 2008 was introduced NSIPs were taken out of the normal planning system and became subject to Development Consent Orders (DCO). In considering applications, the Planning Inspectorate are guided by National Policy Statements (NPS), which set out Government policy on the need for such infrastructure and the principles that the Planning Inspectorate should apply when deciding whether to grant development consent. The DCO process involves extensive consultation with statutory and other consultees and the appointment of Inspectors to hold an Examination in Public which is similar to a Public Enquiry.
The Examination required the preparation of various environmental reports which included monitoring various parameters over a period of more than twelve months and an extensive and expensive consultation process which was completed in February 2014.
In January 2014 our application was accepted for Examination which involved the appointment of three planning inspectors, known as the Examining Authority. During 2014 there were various public hearings culminating in the Examination in Public.
The Examining Authority reported to the Secretary of State for Communities and Local Government in February 2015.
In May 2015 the Secretary of State granted development consent via the White Moss Landfill Order 2015 for the construction of a new landfill void at Whitemoss which will provide capacity until 2035.
A Judicial Review Hearing into the Secretary of State’s decision was heard at the Appeal Court in March 2017. The hearing revolved around the interpretation of the National Policy Statement.
In June 2017 the Appeal Court handed down their Judgement and the most senior planning judge at the Appeal Court, Lord Justice Lindblom concluded that:
“The Secretary of State neither misinterpreted nor misapplied any policy of the NPS in making the development consent order.”
“For these reasons I would dismiss the claim for judicial review.”
An application for leave to appeal to the Supreme Court was submitted to the Supreme Court in November 2017.
On 1st February 2018 the Supreme Court refused the application because the application did not raise an arguable point of law. Costs were awarded against the Appellant and the Supreme Court ordered a detailed assessment of their legal aid costs.
This clear and unequivocal decision brought the legal review process to a close.
Hazardous waste landfill sites must hold an Environmental Permit to operate. This is issued by the Environment Agency and details how the site is to be constructed, operated and managed. Whitemoss Landfill Limited had a permit for the existing site so for the extension we required a variation not a new application.
In September 2016 the Environment Agency issued revised Environmental Permit EPR/DP3639LM/V005 for the new landfill area.
Once the revised Environmental Permit was issued preparation works for the extension commenced.
The Environmental Permit requires extensive monitoring of the landfill site including boundary site impacts such as odour, dust and noise.
During 2017 there were four odour complaints , four noise complaints and two dust complaints. All the complaints were investigated and only one was substantiated, an intermittent noise issue caused by a loose track pad on one of the machines working on site. The machine was immediately stopped and the track repaired before putting it back into use.
There have been no substantiated odour issues relating to the landfill site since 2006. There are, however, separate odour issues relating to the local industrial and agricultural areas which we have no control over. These commonly relate to waste spreading on local fields to improve agricultural yields.
Whitemoss regularly monitors any potential dust from the site and have strict benchmarks set by the Environment Agency which we must adhere to. The main source of dust detected tends to come from the adjacent M58 motorway, but even with that additional source levels are well below standards set by the Environment Agency.
During 2017 as part of an ongoing improvement programme we replaced a number of monitoring boreholes and installed an additional upwind continuous dust monitor.
The construction of the landfill cells involves the excavation of clay and shale which are used for engineering or general fill purposes both on and off site. As the minerals are excavated they are stored in stockpiles around the site.
Technical information about the clay used for lining the cells is available here. The clay is the brown mineral and the shale the grey rock that can be seen in this photograph:
During 2017 we carried out construction works associated with the development of the next landfill cell, Phase Ai. The original landfill cell 3 is still operational and working to new restoration contours granted by the Development Consent Order.
Construction of Phase Ai was completed in 2017. The design of the landfill is agreed with the Environment Agency and construction is monitored by independent engineers. Each element of the lining system is subject to third party testing and verification which are included in a Construction Quality Assurance Report which was was approved by the Environment Agency in December 2017. That report details how the landfill cell has been constructed and validated and can be accessed via the link above.
During 2018 we are constructing Phase Aii which adjacent to Phase Ai. We have already completed the installation of the under drainage, Clay mineral liner, HDPE and various geotextile layers.
On the 5th of July 2018 Annex III (list of hazardous properties), to the Waste Framework Directive (2008/98/EC), was amended to incorporate an updated definition, and assessment criteria, for Hazardous Property Ecotoxic (HP 14). As a consequence, the UK Environment Agencies technical guidance document ‘Waste Classification: Guidance on the classification and assessment of waste (WM3) has been revised. The amendments made are statutory with some minor complimentary cosmetic changes.
A meeting of the Whitemoss Landfill Community Liaison Committee was held on 21st December 2017. The main purpose of the committee is to provide a forum for the discussion of issues between the local community, Whitemoss Landfill Limited and site regulators. We also report and update the committee on the activities on site during 2017 and planneds works during 2018. The committee includes representatives of site regulators, local Councillors, Council for the Protection of Rural England and Whitemoss Landfill. Minutes of the latest meeting are available in the documents section of this website.
Landfill tax rates from 1st April 2018 are £88.95 per tonne for standard rated wastes and £2.80 per tonne for lower rated wastes.
The government announces the rates of Tax at least 2 years in advance to provide longer term certainty on rates. Autumn Budget 2017 outlined RPI increases in the rates of Tax for 2019-20. Budget 2018 will announce the rates of Landfill Tax for the year 2020-21.
From 1 April 2018, Landfill Tax is also chargeable on disposals at unauthorised waste sites in England and Northern Ireland.
In England and Northern Ireland, the illegal disposal tax charge will be the tax level avoided plus up to an additional penalty of 100% of the tax avoided. In Scotland the “unauthorised” rate will be 150% of the usual tax rate.
The Whitemoss Community Fund
The Whitemoss Community Fund provides grants of between £5,000 and £20,000 to fund community and environmental projects located in the West Lancashire Borough Council area and that are within 5 miles of the Whitemoss landfill site in Skelmersdale.
In 2018 nine local projects were awarded £116,000.
Groundwork Cheshire, Lancashire and Merseyside will utilise their £20,000 grant to improve the Fishing Pond at Tawd Valley as part of a larger improvement project planned for the area.
Hillside Community Primary School will use their grant of £20,000 to kick-start phase 1 of a programme of improvement works on the community field adjacent to the School to create a pocket park for the community.
Third Way CIC are using their grant of £19,335 to create a community art hub in Parbold.
Skelmersdale Junior Football League will purchase new goals with their grant of £13,200 so they can continue to provide competitive football opportunities for thousands of kids each weekend at their home at Whitemoss Playing Fields – who knows a future World Cup star could be in the making!
The Greenhill Community Hub will utilise their grant to purchase new IT equipment to ensure users have the latest technology available and don’t become digitally excluded.
Also celebrating are Lancashire Wildlife Trust who will be creating the necessary infrastructure to allow conservation grazing to take place at Scutchers Acres, Lathom and Hilldale Community Association who will repair and replace seating on the playing field to ensure continued use of this green area by the community it serves.
Last but by no means least, 40th Ormskirk and 1st Parbold and Newburgh Scouts have both secured small grant awards to improve their facilities.
This latest round of grants has taken the total awarded by the Whitemoss Community Fund since 2010 to over £500,000 which has been shared between 43 local projects.
There is a single funding round each year. The deadline for applications this year has now closed and decisions will be announced shortly.
Click below to find out how to apply for a community project grant: