The notice has been served as a result of the operator still not complying with its environmental permit.

As from 13 February, waste cannot be brought on to the site until the amount of waste in the landfill has been reduced to the levels set out in the permit.

The operator will also have to demonstrate to the Environment Agency that there is sufficient capacity left in the site to start taking in waste, once the amount has been reduced. They have three months to reduce the levels.

A decision has not yet been made about City Plant Ltd’s application to increase the annual tonnage limits on the permit.

The visual height of the landfill is the responsibility of East Riding of Yorkshire Council as planning authority.

City Plant Ltd has introduced a range of improvements in response to the notice served in December to clear up the mud around the site.

Environment Agency regulatory officer Matthew Woollin said: “It’s important that we control the amount of waste at the site because we issue the permit based on a set figure to protect the environment.

“We understand the community’s concerns and we are working hard to resolve this issue.”

City Plant Ltd has two months to appeal against the third notice.

Notes to editors:

A notice was served on 29 November 2011 to submit a scheme to the Environment Agency detailing the actions they propose to take to ensure that the total quantity of waste on the site is within the levels specified by a plan that was submitted with the permit application. Deadline date : 20 January 2012.

A further notice was served on 22 December 2011, on City Plant Ltd, requiring City Plant Ltd to submit a written scheme to the Environment Agency detailing the measures that they will take at the site to prevent or, where that is not practicable, to minimise, mud and its transmission out of the site. Deadline date 31 January 2012.

The environmental permit is held by City Plant Ltd (Company no. 07479209). The company’s registered office is Gilberdyke landfill, Leatherdog Lane, Newport, HU15 2QG