Ex company director says regulators should force remediation of Wales' biggest opencast mine

Martin Shipton

A former director of the company that previously owned the site of Wales’ biggest opencast mine says regulators should ensure that remediation work is carried out by its current owner.

Bernard Llewellyn is a racehorse trainer who was a director of Miller Argent, a firm that used to own Ffos-y-Fran near Merthyr Tydfil.

The issue of remediating the mine has become a national scandal, caused by the failure of businessman David Lewis, a convicted fraudster, to undertake work he is legally obliged to do.

It is in a dangerous state, with toxic waste having been dumped there illegally according to a former worker who has spoken to Nation.Cymru. Last year a report from the Senedd’s Climate Change, Environment and Infrastructure Committee concluded that the “epic mismanagement” of the Ffos-y-Fran mine saga must not happen again to any community in Wales.

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Expired

The licence to extract coal from Ffos-y-Fran expired in September 2022 but local residents reported that the mine was still operating – illegally - many months after this before the site was closed in November 2023.

When it first opened, the company running the mine, Merthyr (South Wales) Ltd, owned by Mr Lewis, pledged to fully restore the site after it finished operations.

The committee heard evidence that since 2017, the company had paid out nearly £50m in dividends and royalties out of the business.

But with current restoration costs estimated at up to £120m, and despite the original restoration promises, the company now claims it is unable to afford the work.

In March, however, Nation.Cymru reported how Mr Lewis’ company had set aside more than £90m in its accounts for the remediation work.

Years before, the firm had agreed to put £15m into an escrow account towards the cost of the work, but had only done so after Merthyr Tydfil council won a High Court judgement.

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Toxic waste

Earlier this week we published a statement from a former worker at Ffos-y-fran who provided details about the illegal dumping of toxic waste at the site by companies including two owned by sons of David Lewis.

The ex-worker, who provided us with the statement on condition he was not identified, said: Mr Llewellyn told us: "I worked at the Ffos y Fran opencast coal mine at Merthyr Tydfil from 2016 to 2023.

"However, between 2020 and 2023 lorries belonging to SL recycling (owned by Stacey Lewis - son of David Lewis) and lorries belonging to Darren Lewis Transport ( Owned by Darren Lewis son of David Lewis) regularly visited the site fully loaded and departed empty.

"I have been excluded from the mine since 2023 but during the period mentioned I saw the movement of these lorries and even arriving and departing after midnight.

"SL Recycling had reason for its lorries to be seen in the vicinity as there is an authorised tipping facility operated by Biffa just a mile and a half from the mine.

"SL Recycling runs a scrap yard from the old Rechem site in Cwmbran.

"I am aware that SL Recycling had a disposal contract with a battery plant in Cwmbran.

"SL Recycling’s lorries would deposit their load in an area of ground at the top of the mine at the rear of a barrel coal wash plant. This waste was later moved to the restoration area of the mine on large dump trucks.

"The dumping area was subsequently covered with overburden material to completely cover the dumped waste.

"I can identify the area of dumping on a map.

"Darren Lewis directed all day-to-day operations at the mine

"In 2023 I recall looking at an area at the rear of a barrel coal wash plant. The ground was bubbling and full of fumes and I was told by the operations manager, Chris Barber, that this was battery acid. He also told me that the recycling lorries from SL recycling lorries were dumping this toxic waste and he was in no position to prevent this.

"This area of ground was later cleared and the waste buried in the restoration area and covered with overburden.

"I saw this occur on more than a few occasions.

"I was also told of the late night tipping by David Jones, a senior councillor at Merthyr Council.

"I make this statement but do not want my name to be released as I am concerned for my safety.

"David Lewis is likely to harm me if he realises I have exposed his activities."

David Lewis, his sons and Mr Barber were invited to comment, but they have not done so.

Profits

Mr Llewellyn said: “It was agreed that profits from the last two years of mining would be used to carry out the remediation work, but that has not happened. The regulators must make sure the work is done. I have told David Lewis but he takes no notice.”

Nation.Cymru has seen a clause in the original licence agreement which states: “As soon as the Lessee shall have completed the extraction of the minerals and in any event prior to the determination of the term forthwith at the lessee’s own cost in all respects comply with the requirements of all competent authorities and the planning permission with regard to the restoration and aftercare of the land and without prejudice thereto the lessee will remove all equipment and make the land (both as to the surface and below ground) safe.”

In March Merthyr council told us: “It is, and always has been, the responsibility of the mine owner to ensure they have sufficient funds to cover the full restoration works.”