Does Caerphilly consider the river Sirhowy to be an environmental receptor or exclude it?

Paul Cawthorne made this Freedom of Information request to Caerphilly County Borough Council Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

The request was partially successful.

Dear Caerphilly County Borough Council,

1. Please release all documentation and liaison records, including with NRW, about whether this major river within its area of responsibility is a receptor for the purpose of Environmental Protection Act Part 2A primary legislation.

2. Please share all documentation, including from NRW, showing or considering whether the illegality below Ty Llwyd quarry confirmed by NRW on 20/6/23 is still unaccountably continuing in 2024.

3. Please confirm whether Caerphilly council has in practice unaccountably ruled out any remediation options for the illegality which involve the polluter paying.
Has the secretive payment made by Monsanto to Caerphilly Council’s predecessor body Islwyn DC referenced at
https://www.toxicdocs.org/d/xjDvvBve607G...
led to such a polluter-friendly Caerphilly council stance?

Yours faithfully,
Paul Cawthorne

WWW: FOI, Caerphilly County Borough Council

1 Attachment

Thank you for your recent FOI / EIR request. Please find attached an acknowledgement for this request.
##################################################################################### Mae'r e-bost hwn ac unrhyw ffeiliau sy'n atodol yn gyfrinachol a dim ond ar gyfer defnydd yr unigolyn neu'r sefydliad y cyfeiriwyd atynt. Os ydych wedi derbyn yr e-bost hwn ar gam rhowch wybod i reolwr eich system. Nodwch fod unrhyw sylwadau neu farn o fewn testun yr e-bost yw sylwadau a barn yr awdur yn unig ac nid yn angenrheidiol yn cynrychioli barn Cyngor Bwrdeistref Sirol Caerffili. I orffen, dylai'r person sy'n derbyn yr e-bost sicrhau nad oes firws ynghlwm nac mewn unrhyw ddogfen atodol i'r e-bost. Nid yw'r Cyngor yn derbyn unrhyw gyfrifoldeb am unrhyw ddifrod achoswyd gan unrhyw firws sy'n cael ei drosglwyddo gan yr e-bost hwn. Rydym yn croesawu gohebiaeth yn Gymraeg, Saesneg neu'n ddwyieithog (yn unol â'ch dewis), ac mewn ieithoedd a fformatau eraill. Cewch ymateb yn unol â'ch dewis iaith os nodwch hynny i ni, ac ni fydd cyfathrebu â ni yn Gymraeg yn arwain at oedi. This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. Please note that any views or opinions presented in this email are solely those of the author and do not necessarily represent those of Caerphilly County Borough Council. Finally, the recipient should check this email and any attachments for the presence of viruses. The Council accepts no liability for any damage caused by any virus transmitted by this email. We welcome correspondence in English, Welsh or bilingually (according to your choice) or in other languages and formats. We will respond in your declared chosen language, and corresponding with us in Welsh will not lead to any delay. #####################################################################################

WWW: FOI, Caerphilly County Borough Council

1 Attachment

Dear Paul Cawthorne

 

ENVIRONMENTAL INFORMATION REGULATIONS 2004 - INFORMATION REQUEST

 

Thank you for your request for information received on 28^th May. We have
considered your request and enclose the following information -

 

 1. Please release all documentation and liaison records, including with
NRW, about whether this major river within its area of responsibility
is a receptor for the purpose of Environmental Protection Act Part 2A
primary legislation.

 

The Sirhowy River will be assessed as a potential controlled water
receptor as part of our Part 2A assessments. We are currently in the
process of formalising a Part 2A Methodology, which can be shared with you
once it has been approved.

 

 2. Please share all documentation, including from NRW, showing or
considering whether the illegality below Ty Llwyd quarry confirmed by
NRW on 20/6/23 is still unaccountably continuing in 2024.

 

CCBC has recently finished collecting all the required data to inform the
required assessments / information for the permit determination and our
consultants are in the process of analysing the information and producing
the required reports. Please find attached a copy of the warning notice
from NRW dated 20^th June 2023. Please find attached a copy of the anti
pollution works notice that NRW served on CCBC on 4^th April 2024. Please
also find attached the information that CCBC has submitted to NRW to date
to comply with the notice.

 

 3. Please confirm whether Caerphilly council has in practice
unaccountably ruled out any remediation options for the illegality
which involve the polluter paying.

 

CCBC is undergoing a review of the Ty Llwyd Quarry site to determine if it
falls under the legal definition of contaminated land under Part 2A of the
Environmental Protection Act 1990. CCBC is currently looking into the
feasibility of potential remediation options for the site.   However,
until a decision is made on whether the site is or is not legally defined
as contaminated land, the issues surrounding the polluter pays principle
and the exclusion tests will not be explored or pursued.

 

 4. Has the secretive payment made by Monsanto to Caerphilly Council’s
predecessor body Islwyn DC referenced at
[1]https://www.toxicdocs.org/d/xjDvvBve607G... led to such a
polluter-friendly Caerphilly council stance?

 

CCBC have no records surrounding any such potential payment.  There is no
evidence in the email link provided that suggests payments were made to
Islwyn Borough Council.

 

 

We supply this information based on your original request.  If this is not
what you wanted or if you feel we have not fully understood your request
please do not hesitate to contact me to clarify your exact requirements.

 

Please note that we have dealt with your enquiry under the Environmental
Information Regulations 2004. Environmental information is exempt from
disclosure under the Freedom of Information Act 2000 by a Section 39
exemption. This exemption exists due to provision for access to this type
of information already being provided for by the Environmental Information
Regulations 2004. Therefore in accordance with Section 17 of the Freedom
of Information Act 2000 this letter acts as a Refusal Notice to supply
this information under the Freedom of Information Act.

 

If you have any queries or concerns or are in any way dissatisfied with
the handling of your request please contact us.

 

Yours sincerely

 

CORPORATE INFORMATION GOVERNANCE UNIT

 

 

Freedom of Information Act 2000 / Environmental Information Regulations
2004

 

You have the right to appeal against our decision.
If you wish to appeal please set out If you are unhappy with that decision
in writing your grounds of appeal you have the right to appeal to:
and send to:
 
Information Unit
Caerphilly county borough council, Information Commissioner’s Office –
Penallta House Wales
Tredomen Park 2nd Floor, Churchill House
Hengoed. CF82 7PG Churchill Way
Cardiff CF10 2HH
 
 
Appeals will be determined by an
appropriate senior officer. Telephone: 0330 414 6421 

 

Website: [2]www.ico.org.uk

Email: [3][email address]

 

 

Re-use of information without permission may infringe the Copyright,
Designs and Patents Act 1988. Re-use can include, but is not limited to,
making multiple copies, publishing and issuing copies of the information
to a wider audience. If you would like to re-use copyright material owned
by Caerphilly County Borough Council, please contact us. Authorisation to
re-use copyright material not owned by this Authority should be sought
directly from the copyright owner.

 

 

How we will use your information

 

Caerphilly County Borough Council will process your request, the
information relevant to your request, your identity and contact details
for the purposes of providing you with a response.  A copy of your request
and your response will be kept for 3 years.  Some requests and responses
may be kept longer but this will be in an anonymised form.  

 

Your request including your identity and contact details will be
distributed to relevant service areas and elected members who may either
hold the information you have requested or are involved in the processing
of requests.  Other organisations and individuals who may be affected by
the disclosure of the information you have requested may be consulted
prior to a decision being made on the disclosure.

 

If you have made a complaint to the Information Commissioners Office (ICO)
or others in relation to the processing of your request, copies of your
request, response and any additional correspondence between you and
Caerphilly County Borough Council in relevant to your request may be
shared with them.

 

You have a number of rights in relation to your information including the
right of access to information we hold about you and the right of
complaint if you are unhappy with the way that we have handled your
request or your information.

 

For further information on how we process your information and your rights
please click the following link:

 

[4]https://www.caerphilly.gov.uk/Caerphilly...

 

 

show quoted sections

References

Visible links
1. https://www.toxicdocs.org/d/xjDvvBve607G...
2. http://www.ico.org.uk/
3. mailto:[email address]
4. https://www.caerphilly.gov.uk/Caerphilly...

Dear WWW: FOI,

Thanks for this. CCBC recently briefed Welsh government that it was consulting with interested parties about the contaminated land assessment methodology.

My research team is an interested party, obviously since we facilitated the PCB finding in the unfenced children’s use area recently reported by the BBC.

Liaison fairness and transparency:
1. Please consult us substantively in parity with the other interested parties you have consulted, before the methodology is finalised.

Ongoing misfeasance:
2. Please correct untrue information underestimating for government and NRW briefing the number of times this winter that Ty Llwyd leachate from the illegal discharge channel leachate flow has left the woodland and run across public road.

FoI request:
3. Please share legal discharge consents for the mixed leachate road flow reportedly newly redirected into the river as a result of recent reengineering .

Yours sincerely,
Paul Cawthorne

WWW: FOI, Caerphilly County Borough Council

1 Attachment

Thank you for your recent FOI / EIR request. Please find attached an acknowledgement for this request.
##################################################################################### Mae'r e-bost hwn ac unrhyw ffeiliau sy'n atodol yn gyfrinachol a dim ond ar gyfer defnydd yr unigolyn neu'r sefydliad y cyfeiriwyd atynt. Os ydych wedi derbyn yr e-bost hwn ar gam rhowch wybod i reolwr eich system. Nodwch fod unrhyw sylwadau neu farn o fewn testun yr e-bost yw sylwadau a barn yr awdur yn unig ac nid yn angenrheidiol yn cynrychioli barn Cyngor Bwrdeistref Sirol Caerffili. I orffen, dylai'r person sy'n derbyn yr e-bost sicrhau nad oes firws ynghlwm nac mewn unrhyw ddogfen atodol i'r e-bost. Nid yw'r Cyngor yn derbyn unrhyw gyfrifoldeb am unrhyw ddifrod achoswyd gan unrhyw firws sy'n cael ei drosglwyddo gan yr e-bost hwn. Rydym yn croesawu gohebiaeth yn Gymraeg, Saesneg neu'n ddwyieithog (yn unol â'ch dewis), ac mewn ieithoedd a fformatau eraill. Cewch ymateb yn unol â'ch dewis iaith os nodwch hynny i ni, ac ni fydd cyfathrebu â ni yn Gymraeg yn arwain at oedi. This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. Please note that any views or opinions presented in this email are solely those of the author and do not necessarily represent those of Caerphilly County Borough Council. Finally, the recipient should check this email and any attachments for the presence of viruses. The Council accepts no liability for any damage caused by any virus transmitted by this email. We welcome correspondence in English, Welsh or bilingually (according to your choice) or in other languages and formats. We will respond in your declared chosen language, and corresponding with us in Welsh will not lead to any delay. #####################################################################################

Dear Rob Hartshorn and Dave Street,

Please confirm on what date a substantive response will be received ensuring legal compliance.

Yours sincerely,
Paul Cawthorne

WWW: FOI, Caerphilly County Borough Council

 

Dear Paul Cawthorne

 

ENVIRONMENTAL INFORMATION REGULATIONS 2004 - INFORMATION REQUEST

 

Thank you for your request for information received on 26^th June. We have
considered your request and enclose the following information -

 

Please share legal discharge consents for the mixed leachate road flow
reportedly newly redirected into the river as a result of recent
reengineering.

 

There are no discharge consents currently in place, associated with the Ty
Llwyd site.

 

We supply this information based on your original request.  If this is not
what you wanted or if you feel we have not fully understood your request
please do not hesitate to contact me to clarify your exact requirements.

 

Please note that we have dealt with your enquiry under the Environmental
Information Regulations 2004. Environmental information is exempt from
disclosure under the Freedom of Information Act 2000 by a Section 39
exemption. This exemption exists due to provision for access to this type
of information already being provided for by the Environmental Information
Regulations 2004. Therefore in accordance with Section 17 of the Freedom
of Information Act 2000 this letter acts as a Refusal Notice to supply
this information under the Freedom of Information Act.

 

If you have any queries or concerns or are in any way dissatisfied with
the handling of your request please contact us.

 

Yours sincerely

 

CORPORATE INFORMATION GOVERNANCE UNIT

 

 

Freedom of Information Act 2000 / Environmental Information Regulations
2004

 

You have the right to appeal against our decision.
If you wish to appeal please set out If you are unhappy with that decision
in writing your grounds of appeal you have the right to appeal to:
and send to:
 
Information Unit
Caerphilly county borough council, Information Commissioner’s Office –
Penallta House Wales
Tredomen Park 2nd Floor, Churchill House
Hengoed. CF82 7PG Churchill Way
Cardiff CF10 2HH
 
 
Appeals will be determined by an
appropriate senior officer. Telephone: 0330 414 6421 

 

Website: [1]www.ico.org.uk

Email: [2][email address]

 

 

Re-use of information without permission may infringe the Copyright,
Designs and Patents Act 1988. Re-use can include, but is not limited to,
making multiple copies, publishing and issuing copies of the information
to a wider audience. If you would like to re-use copyright material owned
by Caerphilly County Borough Council, please contact us. Authorisation to
re-use copyright material not owned by this Authority should be sought
directly from the copyright owner.

 

 

How we will use your information

 

Caerphilly County Borough Council will process your request, the
information relevant to your request, your identity and contact details
for the purposes of providing you with a response.  A copy of your request
and your response will be kept for 3 years.  Some requests and responses
may be kept longer but this will be in an anonymised form.  

 

Your request including your identity and contact details will be
distributed to relevant service areas and elected members who may either
hold the information you have requested or are involved in the processing
of requests.  Other organisations and individuals who may be affected by
the disclosure of the information you have requested may be consulted
prior to a decision being made on the disclosure.

 

If you have made a complaint to the Information Commissioners Office (ICO)
or others in relation to the processing of your request, copies of your
request, response and any additional correspondence between you and
Caerphilly County Borough Council in relevant to your request may be
shared with them.

 

You have a number of rights in relation to your information including the
right of access to information we hold about you and the right of
complaint if you are unhappy with the way that we have handled your
request or your information.

 

For further information on how we process your information and your rights
please click the following link:

 

[3]https://www.caerphilly.gov.uk/Caerphilly...

 

 

 

show quoted sections

References

Visible links
1. http://www.ico.org.uk/
2. mailto:[email address]
3. https://www.caerphilly.gov.uk/Caerphilly...

WWW: FOI, Caerphilly County Borough Council

WWW: FOI would like to recall the message, "EIR 24/0917".
##################################################################################### Mae'r e-bost hwn ac unrhyw ffeiliau sy'n atodol yn gyfrinachol a dim ond ar gyfer defnydd yr unigolyn neu'r sefydliad y cyfeiriwyd atynt. Os ydych wedi derbyn yr e-bost hwn ar gam rhowch wybod i reolwr eich system. Nodwch fod unrhyw sylwadau neu farn o fewn testun yr e-bost yw sylwadau a barn yr awdur yn unig ac nid yn angenrheidiol yn cynrychioli barn Cyngor Bwrdeistref Sirol Caerffili. I orffen, dylai'r person sy'n derbyn yr e-bost sicrhau nad oes firws ynghlwm nac mewn unrhyw ddogfen atodol i'r e-bost. Nid yw'r Cyngor yn derbyn unrhyw gyfrifoldeb am unrhyw ddifrod achoswyd gan unrhyw firws sy'n cael ei drosglwyddo gan yr e-bost hwn. Rydym yn croesawu gohebiaeth yn Gymraeg, Saesneg neu'n ddwyieithog (yn unol â'ch dewis), ac mewn ieithoedd a fformatau eraill. Cewch ymateb yn unol â'ch dewis iaith os nodwch hynny i ni, ac ni fydd cyfathrebu â ni yn Gymraeg yn arwain at oedi. This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. Please note that any views or opinions presented in this email are solely those of the author and do not necessarily represent those of Caerphilly County Borough Council. Finally, the recipient should check this email and any attachments for the presence of viruses. The Council accepts no liability for any damage caused by any virus transmitted by this email. We welcome correspondence in English, Welsh or bilingually (according to your choice) or in other languages and formats. We will respond in your declared chosen language, and corresponding with us in Welsh will not lead to any delay. #####################################################################################

WWW: FOI, Caerphilly County Borough Council

2 Attachments

 

Dear Paul Cawthorne

 

ENVIRONMENTAL INFORMATION REGULATIONS 2004 - INFORMATION REQUEST

 

Thank you for your request for information received on 28^th May. We have
considered your request and enclose the following information -

 

Please share legal discharge consents for the mixed leachate road flow
reportedly newly redirected into the river as a result of recent
reengineering.

 

Further to our earlier email, we refer to our earlier response of 26^th
June 2024 (copy attached).  The situation remains unchanged in that we are
currently in pre-application discussions with NRW.

 

We supply this information based on your original request.  If this is not
what you wanted or if you feel we have not fully understood your request
please do not hesitate to contact me to clarify your exact requirements.

 

Please note that we have dealt with your enquiry under the Environmental
Information Regulations 2004. Environmental information is exempt from
disclosure under the Freedom of Information Act 2000 by a Section 39
exemption. This exemption exists due to provision for access to this type
of information already being provided for by the Environmental Information
Regulations 2004. Therefore in accordance with Section 17 of the Freedom
of Information Act 2000 this letter acts as a Refusal Notice to supply
this information under the Freedom of Information Act.

 

If you have any queries or concerns or are in any way dissatisfied with
the handling of your request please contact us.

 

Yours sincerely

 

CORPORATE INFORMATION GOVERNANCE UNIT

 

 

Freedom of Information Act 2000 / Environmental Information Regulations
2004

 

You have the right to appeal against our decision.
If you wish to appeal please set out If you are unhappy with that decision
in writing your grounds of appeal you have the right to appeal to:
and send to:
 
Information Unit
Caerphilly county borough council, Information Commissioner’s Office –
Penallta House Wales
Tredomen Park 2nd Floor, Churchill House
Hengoed. CF82 7PG Churchill Way
Cardiff CF10 2HH
 
 
Appeals will be determined by an
appropriate senior officer. Telephone: 0330 414 6421 

 

Website: [1]www.ico.org.uk

Email: [2][email address]

 

 

Re-use of information without permission may infringe the Copyright,
Designs and Patents Act 1988. Re-use can include, but is not limited to,
making multiple copies, publishing and issuing copies of the information
to a wider audience. If you would like to re-use copyright material owned
by Caerphilly County Borough Council, please contact us. Authorisation to
re-use copyright material not owned by this Authority should be sought
directly from the copyright owner.

 

 

How we will use your information

 

Caerphilly County Borough Council will process your request, the
information relevant to your request, your identity and contact details
for the purposes of providing you with a response.  A copy of your request
and your response will be kept for 3 years.  Some requests and responses
may be kept longer but this will be in an anonymised form.  

 

Your request including your identity and contact details will be
distributed to relevant service areas and elected members who may either
hold the information you have requested or are involved in the processing
of requests.  Other organisations and individuals who may be affected by
the disclosure of the information you have requested may be consulted
prior to a decision being made on the disclosure.

 

If you have made a complaint to the Information Commissioners Office (ICO)
or others in relation to the processing of your request, copies of your
request, response and any additional correspondence between you and
Caerphilly County Borough Council in relevant to your request may be
shared with them.

 

You have a number of rights in relation to your information including the
right of access to information we hold about you and the right of
complaint if you are unhappy with the way that we have handled your
request or your information.

 

For further information on how we process your information and your rights
please click the following link:

 

[3]https://www.caerphilly.gov.uk/Caerphilly...

 

 

 

show quoted sections

References

Visible links
1. http://www.ico.org.uk/
2. mailto:[email address]
3. https://www.caerphilly.gov.uk/Caerphilly...

Dear WWW: FOI,

Thanks for this helpful information.

The complete absence of reference in the dialogue between NRW and CCBC to the multiple winter leachate overflow events after the early Jan one is noted. We reserve the right to refer to that joint potential negligence in any legal proceedings, given the condition of non-repetition in the NRW correspondence.

We note particularly the mixed leachate reaching the main road in later Jan, Feb and March, which reportedly led to fresh mixed flow diversion official works.
Please confirm whether that mixed flow on the main road has been diverted to WWTW or river.

Yours sincerely,
Paul Cawthorne