A ROW has broken out over a defunct landfill site, as a community fears it is sitting on a toxic time-bomb.

JT Barns waste tip, off Station Road, in Birtley, near Chester-le-Street, has not been used for several years, but is still a source of contention among residents.

They say toxic chemicals were dumped there before it was closed and hoped the Environment Agency would declare it a Special Site so funding could be made available to clean it up.

The site, officially known as North Quarry Landfill, was operated by JT Barns between 1981 and 1993.

Legislation came into force in 1996, which requires operators to restore landfill sites once work has finished, but residents are concerned this has not happened. JT Barns Ltd was dissolved in 1997.

About two years ago, Chester-le-Street District Council carried out a study of the tip and found some evidence that it might be contaminated.

They passed their findings on to the Environment Agency, asking it to undertake a more detailed survey to determine the site's status.

But after an 18-month investigation, the Environment Agency has decided it does not warrant the designation and has handed responsibility back to the council.

The agency said it does not mean that any less money or attention will be spent on the site and it will continue to help the council.

An Environment Agency spokeswoman said: "Our investigations have shown that the annual average concentrations of water pollution between May 2002 and May 2003 aren't enough to have this site designated a Special Site."

But leader of Birtley Town Council, Councillor Peter Foy, said they would strongly contest the agency's decision.

He said: "We've just received the Environment Agency's report and now our scientific advisors are poring over it and so we will be making a response. We had some scientific testing of the site done and we were very concerned about some of the things we found, in terms of leachate and gases.

"It's an environmental nightmare on our doorstep."

A spokesman for Chester-le-Street District Council said it met the Environment Agency last Wednesday to discuss the report.

He said: "In order to designate the area properly, the council, as a matter of urgency, will commission environmental consultants to complete the risk assessment and contaminated land study by March 2004."