Anti-Waste Ltd, R (on the application of) v Environment Agency [2007] EWHC 717 (Admin) (04 April 2007)

Anti-Waste Ltd, R (on the application of) v Environment Agency [2007] EWHC 717 (Admin) (04 April 2007)

Piggybacking is lawful as a matter of law and a permit may be granted for a landfill partially overlying a closed cell if it can be demonstrated that there is no serious risk of pollution either currently or in the future, and provided the technical requirements are met. The law does not require a permit to refer to the whole site including the old cell. However, if the installation includes an existing closed cell responsible for harmful discharges, the Groundwater Regulations would prevent the grant of an authorisation if there are relevant discharges, regardless of causation by the new deposit.

Citation
[2007] EWHC 717 (Admin)
Parties
Claimant: Anti-Waste Ltd; Defendant: Environment Agency
Jurisdiction
England and Wales
Judgment Date
04 April 2007
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Declaration granted; piggybacking is lawful subject to technical compliance and no serious risk of pollution.
Legal Topics
Landfill Permitting, Interpretation of EU Directives, Groundwater Protection, Waste Management Regulation
Environmental Law Administrative Law European Union Law Landfill Permitting Interpretation of EU Directives Groundwater Protection Waste Management Regulation

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Parties

Anti-Waste Ltd

Claimant

Environment Agency

Defendant

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether a landfill permit can lawfully be granted for a landfill partially overlying a closed cell containing previously deposited waste (piggybacking)
  2. 2 Whether a permit must be refused if the existing deposits are responsible for harmful discharges to groundwater and the site as a whole cannot comply with technical requirements

Ratio Decidendi

Piggybacking is lawful as a matter of law and a permit may be granted for a landfill partially overlying a closed cell if it can be demonstrated that there is no serious risk of pollution either currently or in the future, and provided the technical requirements are met. The law does not require a permit to refer to the whole site including the old cell. However, if the installation includes an existing closed cell responsible for harmful discharges, the Groundwater Regulations would prevent the grant of an authorisation if there are relevant discharges, regardless of causation by the new deposit.

Court Disposition

Declaration granted; piggybacking is lawful subject to technical compliance and no serious risk of pollution.