ENVIRONMENT Agency bosses plan to return to court tomorrow (Friday December 13) to cement their case against the boss of a Brierley Hill waste firm which stockpiled a mammoth pile of rubbish reaching 40 feet at its peak.

The case against Refuse Derived Fuel Limited (RDF) in Moor Street and its director Robert McNaughton will be brought back to Birmingham's High Court after the latest deadline for clearing the waste mountain was missed.

Earlier this year - in June - Mr Justice Burton sentenced Mr McNaughton to six months in prison, suspended until December 23, to give him and the firm one last chance to take action and clear the site completely by September 10.

But the Environment Agency says Mr McNaughton has failed to fulfil his legal obligations and he should now be punished.

Meanwhile the Agency has also revoked RDF's permit to operate and has issued a further notice ordering the site, which residents have long branded an eyesore, be cleared of all remaining waste by February 17 2014 - or criminal charges will loom.

David Hudson, environment manager at the Environment Agency, said: “We remain committed to getting this site cleared. We've now taken the decision that RDF should not be allowed to operate at the site. We've been focussed on dealing with the waste pile, and Mr McNaughton and his company are being dealt with in court for failing to clear the site."