The director of West Midlands company Refuse Derived Fuel Ltd has been handed a six-month prison sentence for failing to clear piles of waste stored at the firms Brierley Hill site.
On December 23 2013, Birmingham High Court Judge, Mr Justice MacDuff, found that director Robert McNaughton had failed to comply with a court order to remove the waste.
The Judge also gave the Environment Agency permission to apply for a confiscation order to seize Mr McNaughtons assets in order to help secure compliance with the court to remove the waste.
The Environment Agency had already revoked the companys environmental permit. It has also set a deadline of February 17 2014 for the waste bales and refuse derived fuel (RDF) to be cleared from the Moor Street site or the director and company could face further criminal charges.
Mr McNaughton was previously found in contempt of court in June after failing to remove the waste and was sentenced to six months in prison, suspended until December 23 to give him one last chance to take action.
He had been given until September 10 2013 to clear the site, but the Agency claimed this deadline was not met and brought contempt of court proceedings against the director.
David Hudson, environment manager for the Environment Agency, said: In handing Mr McNaughton a custodial sentence, the court has recognised the seriousness of not complying with environmental legislation and court orders.
‘Our priority has always been to get the site cleared, and we think that those responsible should still be made to pay. We will continue to work to make this happen.’
David Hudson, environment manager for the Environment Agency
We know that residents are frustrated and we appreciate their ongoing support. Our priority has always been to get the site cleared, and we think that those responsible should still be made to pay. We will continue to work to make this happen.
Refuse Derived Fuel Ltd
The company took over operation of the Moor Street site as well as its environmental permit and conditions from Brian Hill Waste in 2009.
But, according to the Agency, the companys activities on the site primarily processing collected waste into fuel (RDF) for burning elsewhere did not comply with the conditions of the permit transferred by Brian Hill Waste.
The Agency first took legal action against Refuse Derived Fuel Ltd and its directors Robert McNaughton and Sharon McCann in April 2012, following earlier unsuccessful efforts to secure the companys compliance with permitted maximum height requirements for waste storage, with several subsequent hearings taking place at Birmingham High Court.
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Local residents have also raised concerns about the height of the stacked RDF bales on the Moor Street site and the Agency has written regularly to the community on the progress regarding removal of the waste.
RDF is produced by shredding and dehydrating solid waste and is burned to produce energy. The largest market for the material from the UK is northern Europe.
Although RDF is a fuel, it is still considered waste and it must be stored, transported and used in accordance with the relevant waste regulations.
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