Warrington Clinical Waste Treatment Centre Appeal Proposed Outline Evidence of Alan Watson

38.Annex 3 Waste Composition Data for Gloucestershire

Waste Composition

471. 
     The Outline Business Case¹⁵⁰ included a pie chart giving some indication of the total waste composition for 2004/5. This shows a breakdown of an average household bin including separately collected recyclables and compostables:
     

472. 
     A report by Enviros¹⁵¹ for GCC in 2007 included a useful table showing the range of waste compositions across the County. Particularly notable is the large difference between the commercial arisings and the household arisings:
     

473. 
     The only detailed indication of the composition of commercial and industrial waste assumed for the design of the incinerator is that included as Table 3 in the summary of the WRATE assessment by Ramboll¹⁵²:
     

474. 
     This is claimed to be based on the waste composition provided by GCC at the time of the tender. This data is now 4-5 years old and there are serious doubts about whether it is representative of the current residual waste composition. It certainly will not reflect the waste composition for the period 2019-2020 which was selected by Ramboll as the “representative assessment year”.
     
475. 
     It is also not clear what evidence base supports the assumption of the C&I analysis mirroring the WCA analysis with the exception of combustibles and non combustibles. It is normally expected that C&I waste would have a higher calorific value than MSW but this is not reflected in the Ramboll assessment.
     
476. 
     Table 4 provides further details of the moisture and ash contents along with the claimed percentages of biogenic and fossil carbon:
     

477. 
     It should be noted that there is an error in this table in the way that the average values are calculated for biogenic and fossil carbon. The average values, weighted against the tonnages in Table 1 of the Ramboll assessment which shows the waste flows for WCA, HRC and Third Party wastes. The arithmetically correct averages should therefore be 14.48% for biogenic carbon and 11.44% for fossil carbon.
     

478. 
     Waste composition data for kerbside collections in Gloucestershire¹⁵³ this was carried out during two seasons (February and July 2008).
     

479. 
     This was supported by waste composition data for HRCs in Gloucestershire covering only the residual waste. It is important to note that this Waste composition analysis carried out during only one season in July 2008.
     
480. 
     Data was also provided of the waste composition from Cotswold District Council in February 2009¹⁵⁴:
     

481. 
     It is interesting to compare this waste analysis with that undertaken by Ramboll of the tenders for the Guernsey waste contract. The assumptions used by Ramboll for the waste which would be incinerated in that case are very different from those in Gloucestershire and markedly different from the household waste analysis:
     

482. 
     It can be seen that the largest single item is organics (food waste) which actually burns very badly, if at all, without support fuels:
     

483. 
     Kg/hh/wk and percentage of material type present in each stream, Gloucester
     

Kerbside capture rates for target materials in Gloucester

484. 
     The highest capture rate was achieved for Garden waste at 94%. Of the dry recyclables, glass and aluminium were the best performers, with capture rates of 86% and 85%. The capture of steel food and drinks cans was 74%, while recyclable paper achieved a capture rate of 69%. Plastic bottles had a capture rate of 52% and 41% of food waste was captured. Light card had a capture rate of 27%.
     

Capture rates for target materials in Gloucester, April-July 2010, operational data

1^ Overall efficiency would be lower than this because of the use of imported electricity (estimated as 147 MWh/yr) and fuel oil for start up (estimated as 150-200 tonnes/year – a low estimate when compared with similar plants and possibly more depending on the number of start ups required. The electricity imports for start up have also been omitted – this could be substantial @ 2.9MWe for 190 hrs).

2^ CD2.3 p11 of 27 Fichtner 2012 R1 Application, Sankey Diagram for the Javelin Park ERF

3^ CD2.2 p14 (but not, it is noted, in the otherwise similar Environmental Statement CD1.2(ii)Fig5.11)

4^ CD1.2(i) §5.8.8

5^ CD1.2(i) §5.8.7

6^ i.e. 91% of 8,760 hours

7^ For a full explanation of LHV please see footnote 87

8^ CD2.3 p12 of 27

9^ This flow model has been taken from the WRATE modeling by Ramboll with the percentages converted into tonnes to illustrate the mass flows more clearly.

10^ CD2.2 p14

11^ Comitato di Coordinamento per la Difesa della Cava v Regione Lombardia (Case – 236/92)[1994] ECRI-483. Other relevant cases include: Ministere Public v. Traen (joined cases 372 to 374/85) [1987] ECR 2141 and Commission v. Italian Republic [1999] ECR – I – 7773, 7824)

12^ See footnote [Lombardia]. The judgement states that Article 4 “indicates a programme to be followed and sets out the objectives which Member States must observe in their performance of the more specific obligations imposed on them by Articles 5-11 of the [unamended 1975] Directive concerning planning, supervision and monitoring of waste disposal operations.”

13^ Court of Appeal in R v Daventry District Council, ex p Thornby Farms Ltd and R (on the application of Murray) v Derbyshire District Council [2002 EWCA Civ 31, [2002] 3 WLR 875 para 44

14^ Court of Appeal in Thornby Farms Ltd v Daventry District Council, Murray v Derbyshire County Council [2002] JPL 937

15^ Section 38(6) of the Planning and Compulsory Purchase Act 2004

16^ Section 38(5) of the Planning and Compulsory Purchase Act 2004

17^ CD6.1

18^ replaced Waste Strategy 2000 on 24^th May 2007

19^ CD7.5

20^ CD7.6

21^ CD7.5 Annex K, p33, §112

22^ Ruddock, J.D., 2007, Speech by Joan Ruddock MP on food waste and anaerobic digestion to the ESA (Environmental Services Association) Conference, London - 16 October 2007.

23^ CD7.6

24^ CD7.6 §196

25^ CD7.6 §204

26^ CD7.6 §230

27^ CD6.1

28^ CD6.4 §3.7 DLG Planning for Sustainable Waste Management: A Companion Guide to Planning Policy Statement 10. June 2006

29^ CD7.5

30^ CD7.6

31^ DECC (2012). UK Bioenergy Strategy. London: Department of Energy & Climate Change CD8.11

32^ §3.9 DECC (2012). UK Bioenergy Strategy. London: Department of Energy & Climate Change CD8.11

33^ CD6.3PPS10 §1

34^ CD7.4

35^ WCS, §3.34, p38

36^ CD8.2

37^ 479 votes to 66, with 63 abstentions

38^ CD8.2 §33

39^ The Ellen MacArthur Foundation, 2013 < http://www.ellenmacarthurfoundation.org/circular-economy/circular-economy/interactive-system-diagram> accessed 10^th October 2013

40^ CD8.4

41^ CD6.5

42^ CD6.5 NPSE EN-1, §3.4.1, page 26 (2011) – referencing DUKES, 2010, page 184.

43^ §120

44^ CD1.2 Vol 3 Appendix 13.1 Air Quality Assessment

45^ CD6.5 §2.5.33

46^ CD6.5 EN-1 and in particular, sections 3.3 and 3.4

47^ CD6.6 EN-3 and in particular section 2.5

48^ CD5.1 §E18 p5 and §E23 p34

49^ CD6.5 §3.43 p27

50^ See, for example, CD4.2 §3.1 p3

51^ GV/1/A/3 Gould, K. Just Rubbish at Recycling South London Press 15^th August 2012

52^ CD5.1

53^ At the EIP Mr Cook, the Inspector, reviewed the September 2011 submitted draft CS which is the same as the document published for consultation in December 2010. CD5.49 §2

54^ CD5.49 §19 p7

55^ CD5.1 §4.27 p45

56^ WCS, §E18, p5

57^ Which is almost certainly underestimated in the WRATE modeling of the application at 3,305 tonnes. Allowing even just a single two week maintenance shutdown annually the actual bypass to landfill is likely to be at least twice this much waste.

58^ GV/1/2 - Warne, C. 2013 Confidential report shows majority of waste to be burnt in Javelin Park incinerator is recyclable, compostable or reusable Stroud News and Journal 6^th March 2013

59^ accessed 23/8/2012

60^ CD8.21 p7 §3.2

61^ WRAP 2012 Gate Fees Report – Comparing the cost of alternative waste treatment options

62^ §10 - GCC WDA. 2012. CD 13.58 Residual Municipal Waste Tonnage Forecast for the Waste Core Strategy
 Submitted on Behalf of the Waste Disposal Authority February 2012 - Gloucestershire County Council WCS EIP.

63^ CD12.23 §4.4.6.2.6 p81

64^ Cook, B., 2013, Report to Gloucestershire County Council on the Examination into the Gloucestershire Waste Core Strategy DPD by Brian Cook BA(Hons), DipTP, MRTPI File Ref: PINS/T1600/429/8, Planning Inspectorate (p.10, §36)

65^ WCS EIP CD

66^ CD5.1 §24 p8

67^ The application says that the incinerator would have "a design life of around 30 years" although "in reality many elements of the plant would last beyond this period". Furthermore the application was for a permanent permission rather than a term consent.

68^ CD7.10 Waste Economics Team Environment and Growth Economics DEFRA. 2011. The Economics of Waste and Waste Policy PB13548. Department for Environment Food and Rural Affairs.

69^ CD12.23 §1.2.2.1 p18

70^ CD12.23 Fig4.6 p88

71^ CD12.23 Fig2.3 p41

72^ CD6.4 §4.13 DLG Planning for Sustainable Waste Management: A Companion Guide to Planning Policy Statement 10. June 2006

73^ CD5.1 §24 p8

74^ CD8.21 p7 §3.2

75^ Unless the penalty clauses in the contract are so punitive that all the costs were met from the public purse and paid by GCC.

76^ CD1.1(iii) p67, §2.8.1(vii)

77^ CD1.6 §2.4.6

78^ CD5.1 §42

79^ GCC 2008 WCS Preferred Options p13

80^ CD1.2(i) p16

81^ GV/1/A/1 Environment Agency 2013 South West:Landfill Capacity Trends 1998/99 - 2012 (000s cubic metres)

82^ See GV/1/A/13 for full data

83^ The Willows waste treatment contract

1. 
   84^ CD7.6 § 208 Paragraph 208 of the review continues: “Even energy from the non-biodegradable component, whilst suffering from the negative climate impacts of other fossil fuels, has additional advantages in terms of providing comparative fuel security, provided it can be recovered efficiently” [my emphasis]. In this case, however, the thermal efficiency of energy recovery would be just <23% and this cannot reasonably be described as being “recovered efficiently” when be compared with other sources of fossil fuel generation or with CHP-incineration.
   

85^ CD7.6 §22

86^ §3.1

87^ The gross calorific value (GCV), or high heat value, measures the total (maximum) amount of heat that is produced by combustion. However, part of this heat will be locked up in the latent heat of evaporation of any water present in the fuel before combustion (moisture) or generated in the combustion process. This latter comes from the combination of hydrogen present in the fuel with the oxidant oxygen (O₂) present in the air to form H₂O. This combination itself releases heat, but this heat is partly used in the evaporation of the generated water.

The net calorific value (NCV), or low heat value, excludes this latent heat. NCV is that amount of heat which is actually available from the combustion process in practice for capture and use. The higher the moisture of a fuel or its hydrogen content, the greater is the difference between GCV and NCV. For some materials with very little or no hydrogen content this difference is negligible. In terms of magnitude, the difference between gross and net calorific values of plastics is less than 10 per cent while that of paper, wood and kitchen waste is usually more than 10 per cent.

The applied technology to burn a fuel can also play a role in determining the NCV of the fuel, depending for example on how much of the latent heat it can recover from the exhaust gases.

NCVs are generally more used than GCVs since most current technologies are still not able to recover the latent heat, which would thus not be treated as part of a fuel's energy providing capability.

88^ BERR (2008). Renewables Obligation Consultation Government Response. January 2008.

89^ The Government propose setting the deemed levels of fossil energy content at: 50% from 2009 to 2013; 60% from 2013 to 2018; 65% from 2018. There is the possibility of producing evidence of different waste analysis but this must be well founded and evidence based: We will allow operators the opportunity to present Ofgem with evidence that the fossil fuel content is lower than the deemed level and look to make the fuel measurement system more flexible.

90^ CD1.8 Ap2 p2

91^ GV/1/A/15 - IPCC 2006 IPCC Guidelines for National Greenhouse Gas Inventories - Volume 5 Waste.

92^ GV/1/A/14 - Eunomia (2006). A changing climate for energy from waste - Final Report for Friends of the Earth. P37

93^ GV/1/A/16 - Rabl, A., A. Benoist, D. Dron, B. Peuportier, J. V. Spadaro and A. Zoughaib (2007). "Editorial - How to Account for CO2 Emissions from Biomass in an LCA." International Journal of Life Cycle Assessment 12(5): 281.

94^ CD2.2 p72

95^ CD7.5 Fig1.1

96^ CD7.9

97^ GV/1/A/17 - POST, 2011, Carbon Footprint of Electricity Generation Number 383, Houses of Parliament Parliamentary Office of Science and Technology, London

98^ GV/1/A/18 -DECC, 2012, Gas generation strategy CM8407, TSO Department of Energy and Climate Change, London Fig 2b Page 18

99^ CD1.2(iv) Volume 3, Appendix 13.5 of the Environmental Statement

100^ CD1.8 Ap2 p2

101^ CD2.2 p72

102^ GV/1/A/19 - CCC. 2013. Meeting Carbon Budgets – 2013 Progress Report to Parliament. The Climate Change Commission. Fig 7.4, p 221-2

103^ CD13.19 §3.15 p11 DECC. 2013. Valuation of Energy Use and Greenhouse Gas (GHG) Emissions Supplementary Guidance to the HM Treasury Green Book on Appraisal and Evaluation in Central Government.

104^CD2.2 p14

105^ CD4.9 §3.6

106^ GV/1/A/20 - Entec 2008 Waste Resources Assessment Tool for the Environment Modelling for GCC

107^ CD7.1

108^ CD7.5 §116

109^ Additional net carbon savings assumed for the upper bound a plant operating at 20 MWth capacity producing 125 GWhth per annum, at a net saving of 380kgCO₂/MWhth. For the lower bound ILEX assumed a plant operating at 45MWth capacity producing 280 GWhth per annum at a net carbon saving of 120 kgCO₂/MWhth.

110^ CD2.2 p130

111^ Royal Society (1992). Risk: Analysis, perception and management - Royal Society Study Group. The Royal Society page 89 Quoted in Bickerstaff, K. (2004). Risk perception research: Socio-cultural perspectives on the public experience of air pollution. Environment International, 30(6), 827-840 AW/2 Appendix 7

112^ Gateshead Metropolitan Borough Council v Secretary of State for the Environment [1994] 1 PLR 85

113^ Westminster City Council v Great Portland Estates Plc [1985] 1 AC 661

114^ Skelt v the First Secretary of State and Three Rivers District Council and Orange PCS Ltd 2003 No CO/2466/2003

115^ Newport County Borough Council V Secretary of State for Wales & Anor [1997] EWCA Civ 189

116^ West Midlands Probation Committee v SSE and Walsall MBC (1997) JPL 323

117^ R v. Broadland DC ex parte Dove [1998] PLCR 119

118^ Secretary of State for the Environment v Redland Aggregates and Norwich City Council [1998] Env.L.R D12

119^ Smith v First Secretary of State & Anor [2004] EWHC 2583 (Admin) (29 October 2004)

120^ CD1.9

121^ Effects on property prices can, however, be a useful indicator of a valuation of risk and as that perception is a material consideration the change in house prices is certainly potentially relevant to this consideration.

122^ CD6.3

123^ Footnote 5 of the NPPF states “The Waste Planning Policy Statement will remain in place until the National Waste Management Plan is published.”

124^ para 12.173 of the Inspectors decision letter

125^ Inspectors recommendation Letter (undated) Kent County Council Appeal by Cleanaway Ltd APP/W2200/A/97/281832/281833

126^ Secretary of State’s Decision Letter (30 August 2001) Kent County Council Appeal by Cleanaway Ltd APP/W2200/A/97/281832/281833

127^ Planning Inspectorate (2009). Report to the secretary of state for communities and local government by M P Hill BSc MSc CEng MICE FGS date: 22 December 2009 TOWN AND COUNTRY PLANNING ACT 1990 ESSEX COUNTY COUNCIL APPLICATION by GENT FAIRHEAD & CO. LIMITED inquiry held on 29 September 2009 Rivenhall Airfield, Essex C5 9DF. File ref(s): APP/Z1585/V/09/2104804

128^ Derby City Council had rejected the application from its own waste contractor, Resource Recovery Solutions (RRS), in 2010, and its decision was subsequently upheld at appeal. The case was put back in front of an inspector again in June this year, after RRS successfully overturned the original appeal verdict at the High Court.

In allowing the second appeal the inspector Alan Robinson gave different weight to the issue saying: "The fact that local concerns and anxieties seem to me to have been based on perception rather than substantive or proven evidence mean that they cannot outweigh the benefits I have identified nor the fact that the proposal complies with the development plan".

129^ CLG (2012). TOWN AND COUNTRY PLANNING ACT 1990 (SECTION 78) APPEAL BY MR N BASTON (BIOGEN POWER LTD) APPLICATION REF: 09/01258/FULWME TWINWOODS BUSINESS PARK, THURLEIGH ROAD, MILTON ERNEST, BEDS Including the decision letter of Inspector, Elizabeth Hill BSc(Hons) BPhil MRTPI. Secretary of State for Communities and Local Government .

130^ PINS Ref; APP/U4230/A/11/2162103

131^ Starr, C. & Whipple, C. (1980). Risks of risk decisions. Science, 208(4448), 1114-1119.

132^ Manchester v Romano & Anor [2004] EWCA Civ 834 (29 June 2004)

- See Para 69 of the Judgment.

133^ Para 75 of the Judgment

134^ McCarron, P., I. Harvey, et al. (2000). "Self reported health of people in an area contaminated by chromium waste: interview study." BMJ