Surrender of an EA permit and the required clean up.

Environment Agency did not have the information requested.

Dear Environment Agency,

With regard to the now defunct oil recycling station at Valley Road, Morley, Leeds.

In a letter dated 21 May 2014, Catherine Saxon stated;
We will also make sure that any surrender of the permit and associated clean up (which is required at all permitted sites irrespective of the activities) is completed in line with our current guidance.

I believe the permit was surrendered by the EA in May 2015 after the new owners of the site were deemed unsuitable for the permit to be transferred.
Using the Freedom of Information Act, I would like the EA to provide evidence of the required clean up and associated remedial works done at the site, prior to the surrender of the permit.

Yours faithfully,

Chris Rayson

Enquiries, Unit, Environment Agency

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Enquiries, Unit, Environment Agency

Dear Chris,

I have passed your e-mail to the local customer team who will deal with your request.

The Freedom of Information Act and Environmental Information Regulations state that a public authority must respond to requests for information within 20 working days.

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You can contact our customer team directly on the contact details below, or call the National Customer Contact Centre on 03708 506506 who will transfer you to the area team.

Please quote your enquiry reference 190304/GS16 in any correspondence with us regarding this matter.

Customers and Engagement
Environment Agency
Yorkshire Area
Lateral
8 City Walk
LEEDS
LS11 9AT

Kind regards,

Graham Shoebridge
Customer Service Adviser
National Customer Contact Centre
Environment Agency
E Tel: 03708 506 506
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NE Yorkshire, Customer Contact, Environment Agency

6 Attachments

Our Ref: RFI/2019/118919

 

Dear Chris

RE: Surrender of an EA permit - clean up of former oil recycling station
at Valley Road, Morley, Leeds.

Request for information under the Freedom of Information Act 2000 (FOIA) /
Environmental Information Regulations 2004 (EIR)

 

Thank you for your email dated 28 February 2019 in regards to the former
oil recycling station at Valley Road, Morley.

 

The previous permitted occupiers of the site – OSS Group Ltd – went into
administration in September 2013 and their liquidators disclaimed the
permit in September 2014. At that point the permit ceased to have effect.

 

An environmental permit is 'property' as defined in [1]Section 315,
Insolvency Act 1986 and therefore can be disclaimed as 'onerous property',
only by a liquidator or trustee in the case of bankruptcy who have the
powers to do this. The power to disclaim as onerous property is described
in [2]Sections 178, 179 and 180, Insolvency Act 1986.

 

The purpose of the disclaimer is to extinguish all rights and obligations
of the company in relation to the environmental permit. The environmental
permit ceases to exist when either a liquidator or trustee serves the
notice of disclaimer in bankruptcy.

We must be notified that the permit has been disclaimed; we have no right
to object to the disclaimer.

 

Because the permit ceased to exist no surrender process took place,
therefore we are unable to provide evidence of remedial works in relation
to this permit.

 

I hope that we have correctly interpreted your request.  Please see the
Open Government Licence ([3]here) for details of permitted use.

 

We respond to requests for recorded information that we hold under the
Freedom of Information Act 2000 (FOIA) and the associated Environmental
Information Regulations 2004 (EIR).

 

If you are not satisfied with our response to your request for information
you can contact us within 2 calendar months to ask for our decision to be
reviewed. 

 

Yours sincerely

 

 

Yorkshire Customers and Engagement Team

Environment Agency

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