Disposal of General Waste Tels

Summary

A request was made to the Department of Environment, Food and Agriculture regarding waste disposal practices by Tels Ltd, including shredding and landfill procedures. The authority refused to fulfill the request, stating it sought explanatory answers and analysis rather than existing recorded information.

Key Facts

• The request was received on 1st October 2018 and responded to on 26th October 2018.
• The Department of Environment, Food and Agriculture determined the request required creating or deriving information.
• The request was refused under section 11(3)(b) of the Freedom of Information Act 2015.
• The request concerned waste treatment methods involving plasterboard, asbestos, and soil mixing.
• The applicant was advised to contact Frank Harrison to reformulate the request.

Data Disclosed

• 2018-10-01
• 2018-10-26
• 619066
• 01624 685854
• section 11(3)(b)

Exemptions Cited

• Section 11(3)(b) of the Freedom of Information Act 2015 (request requires creation or derivation of information)

Original Request

1. Has the Dept approved the shredding of General Waste upto three times then mixed in with excavated soil, then both mixed and taken to landfill in their working plan, if not what action will the Dept take to stop this? Is the Dept satisfied that the treating of plaster Board and asbestos by Tels Ltd by using heavy track excavator to break down the plaster board and asbestos to fine particles and then mixed with soil and taken to non engineered land fill site. 2. Has the Dept allowed by Waste Licence for the use of the Hammel shredder? 3 Does the receving landfill have approval in its Waste Licence? 4. Does the Dept licence the surface water from Tels Ltd to enter into the surface water disposal system in the estate then disposed into the adjoining river?

Data Tables (1)

Full Response Text

Freedom of Information Co-ordinator Corporate Services Directorate Thie Slieau Whallian, Foxdale Road, St John’s, Isle of Man, IM4 3AS Tel no (01624) 685854 Fax no (01624 685851 Email: defa@gov.im www.gov.im

Our ref: 619066 26th October 2018

Dear ###,

This request is being handled under the Freedom of Information Act 2015 (the Act).

We write further to your request which was received on 1st October 2018 and which states:

"1. Has the Dept approved the shredding of General Waste upto three times then mixed in with excavated soil, then both mixed and taken to landfill in their working plan, if not what action will the Dept take to stop this? Is the Dept satisfied that the treating of plaster Board and asbestos by Tels Ltd by using heavy track excavator to break down the plaster board and asbestos to fine particles and then mixed with soil and taken to non engineered land fill site. 2. Has the Dept allowed by Waste Licence for the use of the Hammel shredder? 3 Does the receving landfill have approval in its Waste Licence? 4. Does the Dept licence the surface water from Tels Ltd to enter into the surface water disposal system in the estate then disposed into the adjoining river?"

While our aim is to provide information whenever possible, in this instance, your request is not for information that is held, rather it is seeking explanatory answers. Complying with your request for information would require Department of Environment, Food and Agriculture to “create or derive information from information that it holds” and to “undertake research into, or analysis or, information that it holds” which the Department of Environment, Food and Agriculture is not required to do under section 11(3)(b) the Act. Should you require any assistance to reformulate your request in a way that may provide the information you require please do not hesitate to contact Frank Harrison (685854) who will be able to assist. Please quote the reference number 619066 in any future communications. Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi.

I will now close your request as of this date.

Yours sincerely