Tarbolton Moss landfill queries: EIR release

Information requested

To gain clarity on what activity if any has been undertaken over the past year by Scottish Government towards remediation of pollution at, and stemming from, the Tarbolton Moss landfill in South Ayrshire. With reference to a report commissioned by ScotGov and published by Albion Environmental in February 2024 entitled ‘Options Appraisal for Reducing the Environmental Impact,’ could you please provide answers to the following questions, based on the five recommendations made in the report which I summarise here:

1. Which of the recommendations above including regular water monitoring are currently being undertaken and which steps are completed?

2. Which of the 5 remediation options has been adopted (or if an option outwith those listed, what is it)?

3. If none of the 5 options have been confirmed to be actioned, over a year later, why not?

4. What is the latest projected cost and who/which body is paying what?

5. What is the timescale for completion (eventually discharging to Scottish Water sewers)?

6. Is there any legal recourse being sought against the landfill’s former operators or associated contractors?

7. This week a ScotGov spokesperson told me ’The Scottish Government continues to consider how to deal with abandoned landfill sites, including Tarbolton Moss, to ensure that the public and environment are protected. We remain in discussions with partners to take this work forward.’ – So, how many other abandoned landfill sites is the Scottish Government considering dealing with?

Response

As the information you have requested is ‘environmental information’ for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.

Question 1

While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the information you have requested as the Scottish Environment Protection Agency (SEPA) are responsible for carrying out regular monitoring of the Tarbolton Moss site. Therefore, with respect to your request above, this is a formal notice under Regulation 10(4)(a) of the EIRs confirming that the Scottish Government does not hold this information.

However, you may wish to contact SEPA directly as they may hold the information you are seeking.

This exception is subject to the ‘public interest test’. It is important to note that although we do not hold the information and have applied Regulation 10(4)(a) – information not held, it is a requirement that we have to apply the public interest test.

Wider guidance on the Environmental Information regime can be found in the Key Concepts section under ‘Information Not Held’ and ‘The Public Interest Test’ in the attached Scottish Information Commissioner Briefings and Guidance document. Further guidance on the public interest test can also be found on page 8 of the Scottish Information Commissioner guidance.

Question 2

At this stage, no remediation option has been adopted.

Question 3

There are a number of complexities relating to the site at Tarbolton Moss, in particular in relation to the ownerless nature of the site, which have caused some difficulties in progressing the work. The Scottish Government is continuing to liaise with partners, including SEPA, to investigate options for remediating the site.

Question 4

While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the information you have requested as potential costs and who would be liable for said costs would be subject to decision making around how to take forward the remediation and ownership of the Tarbolton Moss site. As noted in our response for question 3 above the Scottish Government are continuing to liaise with partners regarding remediation for the site. Therefore, with respect to your request above, this is a formal notice under Regulation 10(4)(a) of the EIRs confirming that the Scottish Government does not hold this information.

This exception is subject to the ‘public interest test’. It is important to note that although we do not hold the information and have applied Regulation 10(4)(a) – information not held, it is a requirement that we have to apply the public interest test.

Wider guidance on the Environmental Information regime can be found in the Key Concepts section under ‘Information Not Held’ and ‘The Public Interest Test’ in the attached Scottish Information Commissioner Briefings and Guidance document. Further guidance on the public interest test can also be found on page 8 of the Scottish Information Commissioner guidance.

Question 5

While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the information you have requested as timescales would be subject to decision making around how to take forward the remediation of the Tarbolton Moss site. Therefore, with respect to your request above, this is a formal notice under Regulation 10(4)(a) of the EIRs confirming that the Scottish Government does not hold this information.

This exception is subject to the ‘public interest test’. It is important to note that although we do not hold the information and have applied Regulation 10(4)(a) – information not held, it is a requirement that we have to apply the public interest test.

Wider guidance on the Environmental Information regime can be found in the Key Concepts section under ‘Information Not Held’ and ‘The Public Interest Test’ in the attached Scottish Information Commissioner Briefings and Guidance document. Further guidance on the public interest test can also be found on page 8 of the Scottish Information Commissioner guidance.

Question 6

No legal recourse is presently being sought against the landfill’s former operator (which is a dissolved company) or associated contractors.

Question 7

While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the information you have requested as there are no additional abandoned landfill sites under consideration. Therefore, with respect to your request above, this is a formal notice under Regulation 10(4) (a) of the EIRs confirming that the Scottish Government does not hold this information.

The Scottish Government continues to work with partners across the whole waste sector (including operators and regulatory bodies) to explore any challenges they face.

This exception is subject to the ‘public interest test’. It is important to note that although we do not hold the information and have applied Regulation 10(4)(a) – information not held, it is a requirement that we have to apply the public interest test.

Wider guidance on the Environmental Information regime can be found in the Key Concepts section under ‘Information Not Held’ and ‘The Public Interest Test’ in the attached Scottish Information Commissioner Briefings and Guidance document. Further guidance on the public interest test can also be found on page 8 of the Scottish Information Commissioner guidance.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.