Boss in jail warning over Brierley Hill waste mountain

Robert McNaughton, who is the boss at Refuse Derived Fuel Ltd, in Brierley Hill, was found in contempt of court because he failed to meet strict legal targets to clear the huge mound.

He has been warned his six-month jail sentence will be activated if he does not clear the site, in Moor Street, completely by September 10.

Residents living nearby, including in new homes built on the old Royal Brierley Crystal site, have been demanding a clear-up since 2009.

But it took a more than a year of courtroom battles to force firm bosses to take action or face the threat of six months behind bars.

High Court judge Mr Justice Burton hit out at the waste management firm for creating a 'real eyesore and health danger' by failing to clear a towering rubbish pile at its site.

He said the suspended sentence will be activated on December 23 unless tons of household rubbish and other waste are cleared.

He also banned any further waste being taken onto the site from July 10, at the High Court hearing in Birmingham.

McNaughton, the firm's former director Sharon McCann and the company itself were all found in contempt of court. No further action was taken against McCann. Mr Justice Burton, during sentencing, said: "The real eyesore and health danger of the pile, quite apart from anything, concerns me. Injunctions have not only been made but undertakings given to the court and they have been flagrantly breached."

Mr Nick Cole, representing the Environment Agency, said the waste was now around 19ft high in places.

Yesterday's court action came after the Environment Agency claimed the firm had failed to keep to previous rulings. These included claims the firm had failed to remove half the waste, from around the front of the site, by March.

Another previous ruling said rubbish should be cleared in full by July 10.

But McNaughton claimed in court that it would be 'impossible' to meet that deadline because of lack of funds.

McNaughton, who was not represented, said he had already spent £60,000 in legal fees on the case and estimated the cost of the clearance would be £750,000. He claimed bad weather had scuppered the clear-up process. Giving evidence he said adverse publicity was hitting his reputation with customers.

When asked by the Judge why he had not complied, McNaughton said: "They – the Environment Agency – wanted us to move it to landfill but I need income to pay for landfill."

Mr Justice Burton ordered the defendants should pay the Environment Agency's legal costs. The figure has yet to be agreed.