Local Council, NRW, and Minister Show Disregard for Community Wetlands

Local Council, NRW, and Minister Show Disregard for Community Wetlands Flood warnings were delayed by an hour during Storm Burt, a significant weather event that caused widespread flooding in the region. Rhondda Cynon Taf (RCT) Council declared a major incident but has failed to learn from past mistakes, leaving communities vulnerable and increasing costs for residents by having to rebuild repair work.

In March 2023, a serious environmental concern arose when a resident observed RCT Council vehicles dumping hazardous asphalt waste (tarmacadam) near Cwmbach Community Wetlands. This 11-hectare area, which includes lagoons, wetlands, and pastures, is a sensitive private site, protected for its biodiversity. The council justified their actions as an “emergency,” but 20 months later, no safety fence has been reinstalled so not actually an emergency.

The waste, believed to contain coal tar—a hazardous substance if levels exceed 0.1%—was dumped on a floodplain near the boundary of this protected site. The material was covered with soil but left without proper containment, posing long-term risks of contamination to the Cwmbach Comunity Wetlands.

Despite the resident immediately reporting the incident to both Natural Resources Wales (NRW) and RCT Council, providing photographic evidence, precise coordinates, and timestamps, the response was minimal. AberdareOnline also reported on the case, highlighting the lack of action by both authorities.

The resident filed a Freedom of Information request, seeking proof of a U1 exemption license required for such waste disposal. The council admitted they did not have one. Despite repeated emails to both NRW and the council, it took NRW six months to inspect the site. When they finally did, they claimed they could not locate the waste despite being provided coordinates and photographic evidence. NRW concluded there was “minimal risk,” citing the Environment (Wales) Act, but this decision contradicts their own guidelines.

NRW may not have complied with the Environmental Protection Act 1990 in this case, but is NRW fit for purpose? According to ITV Wales NRW Not Really Working: Our environmental regulator, Natural Resources Wales is under the spotlight as former employees blow the whistle about their experiences.

More than a decade since its inception, Wales This Week investigates NRW’s record and learns why some people have lost faith in it.

Adding to the frustration, the matter was raised with Huw Irranca-Davies MS, Cabinet Secretary for Climate Change & Rural Affairs. Despite his responsibility to oversee environmental compliance, he failed to respond to correspondence. His press office suggested taking the matter to the Welsh Ombudsman, but many feel this is a futile gesture, given the political climate.

In October 2024, RCT Council’s legal department stated the waste was “general fill material” and not considered hazardous or waste. They dismissed claims of fly-tipping and noted that NRW did not uphold the complaint. This statement, however, fails to address the lack of permits, proper testing, and adherence to environmental regulations.

When Storm Burt struck in November 2024, the temporary barriers and topsoil washed away, spreading the tarmac waste across a wider area of the Cwmbach Community Wetlands, exacerbating the contamination and its impact on the ecosystem.

Despite documented violations, no meaningful action has been taken by RCT Council, NRW, or the ministerial office. The lack of accountability raises serious concerns about the enforcement of environmental laws and the protection of sensitive habitats in Wales.

In March 2023 A resident reported this waste dumping incident to NRW and RCTC

On the 11 of October 2024 RCTC Legal Department sent this to AberdareOnline: As was communicated to the original complainant, the Council assessed an area of ground collapse which left a void at the Ynys Sports Centre to be a risk to public safety and as a result took urgent action to make safe. A general fill material was used to fill the void and the surface was covered with sub-soil. The general fill was uncontaminated highway arisings, assessed as being of suitable specification for general fill. The Council did not consider the material to be waste as it was selected for its suitability for use in the destined application. It was not fly-tipping and NRW did not uphold the complaint they received. Consequently, the Council will not be commenting further on this issue.

Kind regards,

October 2024 still no permanent fence has been erected by the council

November 2024 Storm Bert causes widespread flooding across RCT the tarmacadam waste dumped by RCT Council gets washed out into the Cwmbach Comunity Wetlands

Huw Irranca-Davies MS
Cabinet Secretary for Climate Change & Rural Affairs

16th November 2024

Subject: Macadam Waste Dumping Adjacent to Cwmbach Community Wetland (Ref:

HIDCC/05101/24)

Dear Mr Davies,

Following on from your advice to Andrew R T Davies, in which you stated:
“I suggest that they utilise NRW’s complaint procedure if they have not already done so, for their case to be reviewed,”
I am writing to confirm whether you continue to endorse the action taken by both Rhondda Cynon Taf Council and Natural Resources Wales (NRW) regarding this matter.

I have made several attempts to have Rhondda Cynon Taf Council remove the waste they deposited next to the Cwmbach Community Wetland, without success. Furthermore, I requested NRW to investigate and act in accordance with the law. Despite these efforts, NRW has refused to engage or take action.

I also submitted a detailed account of this issue and informed both parties that I would be placing a story on AberdareOnline, which was shared with the Monitoring Officer of Rhondda Cynon Taf Council and the Head of NRW South Wales Area. I specifically sought their input on whether any irregularities exist within my report. Disappointingly, neither party has provided a response.

As Cabinet Secretary for Climate Change & Rural Affairs, you have previously indicated your support for NRW’s response in this matter. However, it remains evident that environmental laws have been breached, and the lack of accountability by the responsible parties is concerning.

I would appreciate it if you could clarify your position on the actions (or inaction) of both the Council and NRW, given your remit and responsibilities, which include:

Marine and freshwater planning, biodiversity, conservation, and licensing.
Oversight and implementation of the Environment (Wales) Act, as well as NRW’s duties.
Local environmental quality, including fly-tipping and waste management.
Access to and protection of community green spaces and water bodies.

Your intervention would provide much-needed clarity and ensure that the relevant parties are held accountable for adhering to environmental regulations a list for your attention below.

Yours sincerely,

AberdareOnline

Environmental Law Breach by Welsh Council Goes Unpunished

In March 2023, Rhondda Cynon Taf Council (RCTC) was caught dumping potentially hazardous asphalt waste near Cwmbach Community Wetlands, a protected 11-hectare environmental site. A resident provided Natural Resources Wales (NRW) with photographic evidence, precise location coordinates, and timestamps of the illegal dumping.

The council lacked the required U1 Exemption license for waste disposal and failed to maintain legally mandated hazardous waste transfer notes. When questioned, RCTC claimed they were responding to an urgent safety issue at the Ynys Sports Centre, stating the material was “uncontaminated highway arisings.” However, such asphalt waste can contain hazardous coal tar requiring special handling and permits.

Despite clear violations of the Environmental Protection Act 1990, NRW delayed their investigation for six months and ultimately decided not to act, claiming the environmental risk was “minimal.” Even after the matter was escalated to Climate Change Minister Huw Irranca-Davies through South Wales Central MS Andrew R.T. Davies, no action was taken.

This isn’t RCTC’s first offense. In 2015, they exceeded waste dumping limits at Glynhafod by 1,460 tonnes above their permitted amount, requiring costly removal at taxpayers’ expense.

The case highlights a troubling double standard in environmental law enforcement in Wales, where a council that prosecutes residents for fly-tipping appears to escape consequences for similar actions. NRW’s decision not to pursue the case, despite documented evidence of legal violations, raises serious questions about accountability when local authorities break environmental laws.

Systemic Failures in Environmental Protection

Double Standards in Enforcement

RCTC actively prosecutes residents for fly-tipping while engaging in similar behavior
The council failed to follow the same legal procedures they enforce on others
NRW’s response suggests different standards for public authorities versus private citizens
The “minimal risk” justification wouldn’t likely be accepted from private offenders

Documentation and Legal Requirements Ignored

No U1 Exemption license obtained
Missing hazardous waste transfer notes (legally required for 3 years)
No environmental permit for potentially hazardous materials
Council’s claim of “uncontaminated highway arisings” wasn’t verified through testing
Proper waste transfer documentation absent

Environmental Risks Downplayed

Asphalt waste containing coal tar (hazardous above 0.1%) dumped near wetlands
No testing conducted to verify contamination levels
Proximity to protected 11-hectare wetland habitat ignored
Potential long-term environmental impacts not assessed
Floodplain location increasing risk of contamination spread

Regulatory Body Failures

NRW’s six-month delay in investigation
Claimed inability to find location despite precise coordinates
No testing of materials conducted
Dismissed photographic evidence
Failed to enforce Environmental Protection Act 1990
Chief Executive’s office’s dismissive response

Pattern of Behavior

Previous incident at Glynhafod in 2015 (1,460 tonnes over limit)
Council’s contradictory statements about public safety
19-month delay in replacing safety fencing despite claiming urgent safety concerns
Refusal to acknowledge legal obligations
History of exceeding permitted waste limits

Political Implications

Suggestions of preferential treatment for Labour-controlled councils
Climate Change Minister’s office’s inadequate response
Lack of independent oversight
Public confidence undermined in environmental protection
Questions about NRW’s independence

Public Interest Concerns

Taxpayers bearing costs of council’s illegal actions
Environmental risks to protected areas
Loss of public trust in regulatory bodies
Precedent set for future violations
Undermining of environmental protection laws

Accountability Issues

No consequences for clear legal violations
Regulatory capture concerns
Lack of transparent investigation
Failure to address public complaints
No ministerial intervention despite evidence

This case exemplifies a concerning breakdown in environmental protection where those tasked with enforcing the law appear to be above it. The combination of council misconduct, regulatory failure, and political inaction creates a dangerous precedent for environmental protection in Wales.

I would add:

Critical NRW Rules Violations

Location Restrictions

The council dumped waste near Cwmbach Community Wetlands, violating multiple proximity rules:
- Must be at least 10 meters from any watercourse
- 50 meters from sites with protected species/habitats
- 50 meters from Local Nature Reserves
- Cannot be near sensitive ecological areas

Waste Classification

RCTC claimed the material was “uncontaminated highway arisings”
However, asphalt waste potentially containing coal tar is classified as hazardous
NRW rules explicitly state: “Permitted wastes do not include hazardous wastes”

Environmental Protection Requirements

No point source emissions into surface waters or groundwater allowed
The wetland location increases risk of water contamination
No proper assessment of environmental impact was conducted
The floodplain location further compounds these risks

Procedural Violations

The council lacked proper permits
No environmental impact assessment completed
Required distance requirements from sensitive areas ignored
No documentation of waste classification or handling

This NRW guidance makes their failure to act even more concerning because:

It directly contradicts their “minimal risk” assessment
Shows clear violations of their own published standards
Demonstrates the council ignored multiple safety requirements
Reveals NRW failed to enforce their own published rules

The response from Huw Irranca-Davies MS reveals several concerning issues in how environmental violations are being handled politically in Wales:

Analysis of the Minister’s Response

Dismissive Language

Uses “alleged” despite photographic evidence
Downplays as “incident” rather than acknowledging legal violations
Minimizes severity by focusing on “complaint procedure” rather than environmental law breaches

Critical Omissions

No mention of RCTC’s legal obligation to have permits
Ignores the lack of required waste transfer documentation
Doesn’t address the council’s failure to follow environmental regulations
Silent on NRW’s 6-month delay in investigating

Problematic Justifications

Relies solely on NRW’s “minimal risk” assessment without independent verification
Uses refused site meeting as deflection (despite having coordinates and photos)
Acknowledges missing U1 exemption but doesn’t address this as a legal violation
Categorizes illegal dumping by a council as “low-level” incident

Political Protection

Redirects responsibility back to NRW rather than addressing ministerial oversight
Avoids addressing the double standard in enforcement
Ignores the broader pattern of RCTC’s environmental violations
Suggests complainant use same failed complaint procedure again

Governance Issues

Minister responsible for both Environmental Act implementation and NRW oversight appears to abdicate responsibility
Fails to address clear breaches of environmental law by a Labour council
No recognition of NRW’s failure to enforce its own published standards
Demonstrates potential political interference in environmental enforcement

This response suggests a concerning pattern where:

Oversight bodies fail to maintain independence from political influence

Environmental law violations by Labour councils are minimized

Political connections influence enforcement decisions

Environmental protection is subordinated to political considerations