The Environment Agency (EA) has significantly missed targets to cut down on high-risk illegal waste sites in England, instead seeing an increase of nearly 19 per cent since April 14.

Ahead of the regulator’s board meeting in Bristol today (2 February), the EA published a Corporate Scorecard for the second quarter of the 2015/16 financial year (July to September 2015), which finds that ‘the number of high-risk (HR) [illegal waste] sites has increased steadily over the last four quarters and is now 323’.

Of the agency’s 22 key performance indicators (KPIs), the only one designated with a ‘red’ status was the one concerning illegal waste sites. From an original baseline of 380 in 2011/12, the number of high-risk illegal waste sites in England had dropped to 272 by 2013/14. At this point, a new baseline was set for the KPI, setting a target to reduce the number of high-risk illegal waste sites by 24 per cent (to 206 sites) by the fourth quarter of 2015/16.

The figure rose slightly to 275 throughout 2014/15, but in the first two quarters of this year increased considerably, first to 300 in quarter one and then to 323 in quarter two.

This means that there are 117 more illegal waste sites than targeted, an increase of 19 per cent, rather than a reduction of 24.

The report explains that 179 new sites were found during the second quarter of 2015/16, 51 of which were considered high-risk. In that time, 164 sites were also shut down, 86 within 90 days of their discovery, with 44 of those stopped being high-risk.

Number of illegal waste sites ‘constantly changing’

Resource has contacted the EA for comment, but has not yet received a reply, although when the first quarter figures were revealed, an agency spokesperson told the Independent: “We set ambitious targets to close illegal waste sites. In 2014-15, we stopped illegal waste activity at 871 sites.

“The number of illegal waste sites is constantly changing as we work to stop them operating. Some of the sites we deal with are connected with serious, organised crime and we work with HM Revenue & Customs, the police, and others to investigate and deal with what is often a complex web of criminal activities.

“We have seen an increase in illegal waste sites in South-East England which has impacted on the target. This part of the country has a high population density and creates a significant amount of waste. Our specialist crime unit is using intelligence to actively track and prosecute the criminals involved.”

Geographical variation

As referred to by the spokesperson, there is significant variation across the country, with the South East experiencing particularly high numbers of illegal waste sites.

Of the 16 EA regions, eight recorded high-risk illegal waste sites more than 10 per cent over their ceiling targets. All but three of these were in the South East of the country. They were:

• Cambridgeshire and Bedfordshire
• Derbyshire, Nottinghamshire and Leicestershire
• Essex, Norfolk and Suffolk
• Greater Manchester, Merseyside and Cheshire
• Hertfordshire and North London
• Kent and South London
• Wessex
• West Thames

All other regions hit their ceiling targets.

To highlight the inconsistencies around the country, the EA report contrasts Lincolnshire and Northamptonshire, which between them in the second quarter had 10 active illegal waste sites, none of which were deemed high-risk, with Hertfordshire and North London, which had 144 active sites in the second quarter, of which 84 were high-risk. There was an increase of 16 high-risk sites from the first quarter of 2015/16 to the second.

The growth in the ‘South East hub’, the regulator says, may be in part due to inconsistent approaches to assessing reports of new illegal waste sites, while there have also been suggestions that significant growth in development in the region may be a factor ‘although this is proving hard to substantiate other than anecdotally’.

Reasons

Explaining the numbers, the Environment Agency report states: ‘There is evidence to suggest that time spent at poor performing permitted sites had escalated at the expense of illegal waste site work. However effort appears to be on the up again and directors have been very clear that illegal waste sites sit alongside poor performers and serious pollution incidents as our top three regulated industry priorities.

‘There is also evidence to suggest that some areas are leaving all illegal waste site work to their Enforcement Teams. Service levels assume that Environmental Permitting Regulations (EPR) Waste teams will contribute to the effort.’

Actions that the report now recommends taking include emphasising that tackling illegal waste sites was a priority, reinforcing the message to EPR Waste teams that they have a role to play and investigating the reasons for the anomalous situation in the South East.

Enhanced enforcement powers

Away from the number of illegal waste sites, the report also updates the progress of the agency’s enhanced enforcement powers that came into force in October after a government consultation into waste crime in February last year.

The power to suspend environmental permits was amended to allow suspension not only where there was a risk of serious pollution, but also where there is a permit breach and a consequential risk of pollution.

This power has now been exercised on two occasions. One of the operators, SC Chadwick and Sons Ltd challenged the notice in the High Court and successfully applied for an interim injunction preventing the EA from enforcing the notice, pending a judicial review application. The High Court held that there was an arguable case for judicial review based on two of the four steps within the notice potentially being unclear.

Proceedings are ongoing and the agency is currently considering whether to contest the judicial review or withdraw the notice and serve a replacement. It says that lessons learnt will be shared through its EPR Lawyers Group.

The EA’s full corporate scorecard can be found on the GOV.UK website.