Confidential Client – Illegal Waste Site Valuation Support

The case related to a former composting site in England, at which the historical operations had not conformed to regulatory standards. Enforcement action, which led to criminal proceedings, focused on two matters in particular: (1) the accumulation of some 59,000 tonnes of partially processed wastes which had accumulated over a decade. The regulator deemed the waste deposits to constitute an unauthorised above ground landfill; and, (2) contamination of a large arable landholding with partial processed and contaminated wastes.

At the time of the work, the Regulator was at an advanced stage of successfully prosecuting the site operator (which led to custodial sentences), although expert witness support was required to quantify financial aspects of the case. This included the cost of options to remove the accumulated wastes, and an estimation of the arable land value following its contamination.

WRM provided expert witness support to the case to provide valuations for both the processing area and arable landbank. We followed a structured approach to generate robust and reliable cost estimates through a process which involved:

1. Investigating the site history and context. At the outset of the work WRM undertook research on the site to provide information and context to support subsequent tasks. We examined the Public Register for compliance documents and liaised with the Environment Agency position to understand their position on the site. Undertaking this research has proved valuable in terms of supporting site observations and analytical results from material testing.

2. Quantity survey. WRM undertook a topographical survey to accurately quantify the amount of illegal wastes stockpiled at the site. This included previously processed materials, partially processed materials and recently received green waste. Two piles of material located to the east of the processing area on adjacent agricultural land were also be included in this survey.

3. Materials characterisation and classification. WRM split the site into 6 different waste areas based on our visual assessment of appearance, age and previous processing operations it had apparently undergone. To determine the type of waste and understand options for disposal, we undertook laboratory testing against waste material standards. In order to achieve a waste analysis that represented each waste area we took sub-samples in line with the British Standard for batch testing.

4. Disposal market analysis. After analysing the laboratory test results and integrating the results from the quantity survey, WRM identified potential removal markets that provided market solutions for each of the material types. This include a gate fee ranges and local contractors who could be approached to potentially receive the material, thereby practical options in support of the future management of the site.

5. Agricultural use assessment. Contamination in the adjacent landholding was examined in the context of farming practices and cropping requirements. This determined that the contaminated land was unsuitable for some uses, and estimated the value impact of those restrictions.

6.Valuation report. WRM’s valuation findings were presented in an expert witness report which was used in the legal proceedings and also by the organisation appointed to act as the receiver for the land assets following the case. The quality of the WRM report combined with the stage of the case did not require WRM to provide aural evidence.

The work provided a clear valuation of the site clear up activities, and long-term asset value for the site. This work supported the successful prosecution and also supported the sale and future management of the site.