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A toxic quarry previously used to dump harmful industrial chemicals does not meet the statutory definition of ‘contaminated land’, according to a draft council report.

The council-owned Ty Llwyd quarry, near Ynysddu, was used as a dumping ground for chemicals such as polychlorinated biphenyls (PCBs).

It is understood PCBs were dumped at the quarry by chemical firm Monsanto from its Newport factory between 1970 and 1972.

PCBs were widely used in electrical equipment before they were revealed to be carcinogenic. They were banned in the UK in 1981.

Leachate from the site overflows into the Pantyffynnon Woodland and beyond, and could be running into the two nearby rivers – the Sirhowy and Ebbw.

The site came into public ownership in the 1990s in an effort to better manage the pollution.

A 2001 council-commissioned report into the site concluded it would be deemed contaminated land under the 1990 Environmental Protection Act Part 2A.

As part of efforts to manage the site, following pressure from local councillors, Caerphilly County Borough Council, Natural Resources Wales and Welsh Government officials have been meeting regularly to discuss options.

Remediation options, potentially costing millions of pounds, have been drawn up by council contractors Arcadis and are being reviewed by NRW.

According to the Welsh Government, in a document released to Ynysddu councillor Janine Reed under the Freedom of Information Act, the “draft findings have concluded the site does not meet the statutory definition of ‘contaminated land’”.

In a Senedd debate in November last year, Deputy First Minister Huw Irranca-Davies praised Caerphilly County Borough Council for its approach in managing Ty Llwyd – provoking anger from campaigners.

Cllr Reed and her colleague Jan Jones described themselves as “flabbergasted” at Mr Irranca-Davies’ comments and requested the Deputy First Minister’s briefing notes for the debate.

It is this document, drawn up by Welsh Government officials, which claims the report shows the quarry does meet the definition of ‘contaminated land’.

Cllrs Reed and Jones have now written to Caerphilly County Borough Council’s director for economy and the environment Mark S Williams asking for further clarification.

They wrote: “[We] are pleased the site is deemed not contaminated, and would like a date for when the 6ft spiky green metal fence, aeration chamber and CCTV cameras will be removed from Pantyffynnon Community Woodland (previously known as Pantyffrynnon Farm), which was installed by Groundwork Caerphilly in 2004/5 using public money for the community to freely access.”

They further point to a series of independent tests carried out on behalf of environmental charity Greenpeace, and further tests by Dr David Megson, of Manchester University, carried out for a recent BBC Radio 4 series called Buried – The Last Witness.

Results for the BBC programme indicated PCBs at the forest near Ty Llwyd were 138 times the UK background average level.

The two Ynysddu councillors have previously questioned the council on its transparency regarding Ty Llwyd and said they are no longer allowed to contact the council’s Environmental Department directly and have to use a special point of contact.

Last year the council was issued a warning letter and a statutory notice regarding the discharge of leachate from the quarry.

Council leader Sean Morgan has previously called on the Welsh Government for support to manage the quarry, writing to then First Minister Mark Drakeford in July 2023.

This followed a motion of notice approved by Caerphilly councillors.

In a statement released to the media in November last year, a spokesperson for Caerphilly County Borough Council said: “The council is working closely with NRW and is in pre-application discussions with them to determine whether a water discharge permit is required for the site.

“As a result of significant rainfall in January [2024] we reported incidents of contaminated water leaving the land owned by the council to NRW and sampling was undertaken. Recorded levels of contaminants at the point where the water left the council’s land were low and did not pose any significant environmental or public health risk.

“The council received a notice from NRW in April [2024], which reflects the ongoing dialogue between the organisations. This notice required the council to carry out key actions, such as producing an options appraisal report and an action plan for the site. The council produced the required reports and fully complied with the notice.

“The council is aware of the reported PCB results but has not been able to replicate these in our own sampling and assessments. The council has requested further details of the analysis supposedly undertaken but our requests, including a Freedom of Information Act request, have been refused. We are disappointed these requests have been refused as this means we are unable to rely on results reported in the media by others.

“The council is committed to open and constructive dialogue and exchange of information as demonstrated by the briefing to elected representatives in October.”

‘Forever chemicals’ concerns raised in Senedd

Plaid Cymru’s Delyth Jewell has raised concerns about so-called forever chemicals contaminating former industrial sites such as the Ty Llwyd quarry, near Ynysddu.

Julie James is counsel general, the Welsh Government’s chief legal adviser, and took questions from Senedd Members on January 21.

Ms Jewell highlighted UK-wide calls for Zane’s law in memory of a seven-year-old boy who died from contaminated flood water that had passed through a historic landfill site.

She backed calls for stricter registration of contaminated land, fuller inspections and for the original polluter to pay, with Caerphilly Council set to consider such a motion.

Saying she would be happy to meet campaigners, Ms James pointed to ministers’ contaminated land strategy and a fund for developers to bring sites back into use.

She applauded the work of Swansea University which helped transform Kilvey Hill in Swansea from “looking like a moonscape” to being completely covered in vegetation.