Council bosses are preparing to take legal action against a landfill operator after accusing it of breaching an abatement notice.

Newcastle Borough Council says that a recent increase in odours from Walleys Quarry in Silverdale amount to a breach of the abatement notice the authority secured last year.

The council, which has a £300,000 fund set aside for legal action relating to Walleys Quarry, is now considering whether to take operator Walleys Quarry Ltd (WQL) to court over the alleged breach. The abatement notice requires WQL to not create or allow a 'statutory odour nuisance'.

This winter saw an increase in both recorded levels of hydrogen sulphide in the areas around the landfill and the number complaints made by residents, and council officers believes this puts the landfill in breach of the notice. But according to a council report, such a breach would be 'unenforceable' if the 'operator can show that Best Practicable Means (BPM) are routinely deployed in the management of the site' – which would be up to a court to decide.

Last month the Environment Agency issued a suspension notice on Walleys Quarry, barring it from accepting non-inert waste until specific actions were taken to reduce odour emissions. This notice was lifted after 12 days, and there has been an improvement in odour data since then, although the council says that it is 'too early to say whether this is coincidental, due to the works or weather'.

The council has a £300,000 fund set aside for legal action relating to Walleys Quarry (Google).

The report to Wednesday's full council meeting explains that if the Environment Agency enforcement action has worked, or if a BPM defence exists, it would not be 'in the public interest for the council to pursue this matter further'.

Simon McEneny, interim chief executive of Newcastle Borough Council, said: "Since the Abatement Notice came into effect we have been monitoring the odour in the communities near Walleys Quarry, with officers visiting people's homes to take readings when necessary day or night.

"There is a formal process of evidence gathering for our officers to follow and that has taken time, however we now believe that the operator has failed to properly control emissions and as a consequence we are preparing to take legal action. We will provide more detail to residents in due course."

Council leader Simon Tagg tweeted: "Environment health officers are preparing legal action after they confirmed a breach of the Abatement Notice by Walleys Quarry landfill. Hopefully another step toward closure and permanent capping off of the stinking landfill."

Council leader, Simon Tagg, said: 'Hopefully another step toward closure and permanent capping off of the stinking landfill' (LDRS).

But WQL has rejected the claim that the abatement notice has been breached, and called on the council to discuss its concerns with the company.

A spokesperson for WQL said: "Walleys Quarry Ltd would urge Newcastle Borough Council to reconsider any proposed legal action. We instead ask them to discuss their concerns with us as part of our ongoing collaborative efforts to see the best outcomes for the community. We refute these allegations and should the council proceed, we will of course consider our response under the advice of our legal team.

"WQL has made demonstrable, substantial and sustained progress in our capping programme as well as with efforts to minimise emissions from the site as we continue to use Best Practicable Means with the eventual objective of ceasing landfill operations and completing restoration onsite."

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