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Court battle to clear waste pile continues
11:44am Wednesday 24th October 2012 in News
ENVIRONMENT Agency bosses are expected to return to the High Court this Friday (October 26) to seek an injunction to stop further waste being added to a Brierley Hill rubbish pile that has been plaguing residents.
Refuse Derived Fuel Limited (RDF) was ordered in May to cut a 13-metre pile of waste at the Moor Street site down to eight metres by June 15 - or face being fined, having assets seized or even a possible prison sentence for bosses.
And at a further hearing they were told to cut the pile to just six metres and to remove 500 existing bales on the site by Friday October 12.
But Environment Agency bosses claim the company has failed to comply with its commitment and took the matter back to Birmingham High Court last Friday (October 19).
The judge has now requested more evidence before making any further decisions and he asked the EA and Robert McNaughton and Sharon McCann, of RDF Ltd, to appoint an independent surveyor to prepare a report on the height of the waste pile.
And at a follow-up hearing tomorrow (Friday October 26) the EA is expected to request an interim injunction to stop further waste being taken onto the site - before the court hears an application for a mandatory injunction on December 10 and 11 requiring the company to clear the waste on site back to the level allowed in its permit.
At the later hearing the court is also expected to consider whether the company has breached promises and whether any penalties should be imposed.
David Hudson, environment manager for the Environment Agency, said: “We are aware of the stress and worry residents are suffering as a result of this situation but we are committed and extremely keen to see a resolution to this case. We are hopeful the hearing on the October 26 will be a positive step towards achieving this.”