Covanta has said it “looks forward to advancing” construction of its Rookery Pit Energy from Waste (EfW) plant in Bedfordshire, after the Court of Appeal dismissed efforts to have its Environmental Permit quashed.
The judgment from the court was handed down on Tuesday, November 19, and comes after a full hearing at the Court of Appeal Royal Courts of Justice on 2 July 2019.
The 545,000 tonne plant is set to be operational in 2022
Covanta is developing the 545,000 tonnes-per-year capacity facility near Stewartby – Veolia has a 20% stake in the plant while the remaining 80% is split equally between Covanta and the Green Investment Group (GIG). The project will feature moving grate combustion technology.
The protest group, Bedfordshire Against Covanta Incinerator (BACI), first went to the courts last year to have the permit revoked as it said it was granted based on an “erroneous” fact in relation to emissions.
The claims centred on surface water in from buildings, roads and other similar outlets. The claimed error was picked up when specifically talking about IBA spillage, for example spillages on the road during transportation by lorry.
The aspect of the permit in question stated: “Any heavy metals within the IBA will be present as salts. These salts will be retained in solution when mixed with water and would not be expected to dissolve.
“If the IBA were to enter the surface water drainage system, it would collect within the interceptors in the surface water drainage systems for the waste incineration plant.”
BACI had said that this was wrong, and therefore the decision to grant it should be subject to judiciary review.
However, the Agency said this issue was addressed in subsequent consultations.
First ruling
In November 2018, Mrs Justice Lang said that judicial review only lies where the regulator has erred in law, and said that this had “failed to be established”.
She said: “I accept that the language used in the paragraph is confusing and scientifically inaccurate… but the author clearly states that the heavy metals will not dissolve. It is common ground that this is scientifically incorrect.”
Mrs Lang added: “I am satisfied that the defendant did not make the same mistake as Covanta. The defendant is the regulator, with wide experience of EFWs, and its officers have scientific expertise.”
Appeal
The judgement was handed down by Lord Justice Lindblom.
Lord Lindblom said BACI’s argument seems to invite the court to “revisit, and reject, the Environment Agency’s own judgment on the efficacy of the relevant operating techniques”.
BACI issued a statement saying it was ‘disappointed’ with the ruling
“It does not allege a distinct legal error,” he added.
He continued by rejecting all arguments raised by BACI representatives, before dismissing the appeal in its entirety.
This means the plant can now go ahead as planned and it should be operational by 2022.
‘Pleased’
In a statement, Covanta said it was “pleased” with the ruling and is now looking forward to advancing construction of the 545,00 tonne capacity plant, which was first granted permission in 2011.
“Covanta is pleased with the Court of Appeal’s decision to uphold the UK Environment Agency’s issuance of the environmental permit for the Rookery South project.
“We look forward to advancing construction on the facility, which represents critical waste infrastructure that will help the UK achieve national landfill diversion and meet the energy needs of over 112,500 homes.”
‘Sadness’
In its statement BACI thanked volunteers for their time and said it was disappointed with the ruling
Nicola Ryan-Raine, chair of BACI said: “We continue to contend that the Industrial Emissions Directive has not been upheld by the Environment Agency in the case of this permit – and it allows for a pathway of pollution that now will not be addressed.
“I would like to take this opportunity to thank all our many volunteers and donors who have made this legal challenge possible.”
The plant reached financial close in March 2019 and waste for the facility will be supplied by Veolia.
Construction of the plant will be led by Hitachi Zosen Inova under a turnkey engineering, procurement and construction contract.
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Source: letsrecycle.com Waste Managment
