One of Donegal’s biggest waste recyclers has appeared in the High Court in Dublin charged under the Waste Management Act.
Jim Ferry and Ferry’s Refuse Collection Limited appeared before Judge Max Barrett.
The appearance relates to matters take by Donegal County Council against Mr Ferry and his company relating to his site at Rossbrackan, Manorcunningham.
The following are the orders handed down by the High Court in relation to the case.
A number of months ago officers from the Environmental Protection Agency and Donegal County Council visited the site and carried out a number of tests.
As a result of that investigation, considerable amounts of waste was discovered beneath the site.
That investigation led to this week’s court appearance.
As a result of the case, the court ordered that Jim Ferry and Ferry’s Refuse Collection Limited :
* That they cease forthwith from receiving and taking delivery of waste of any kind or permitting same to enter upon “the Rossbrackan site”
* That they forthwith or within such period as may be fixed by this Honourable Court remove from the Rossbrackan site all surface (over ground) waste currently stored or otherwise now in sheds or elsewhere on the Rossbrackan site and lawfully recover or dispose of same and do so in accordance with the terms of amended Notice under Section 55 of the 1996 Act reissued to the First and Second Named Respondents on the 12th day of January 2017.
* That in relation to all (underground) waste currently buried within the Rossbrackan site that they comply with the recommendations at paragraph 9 of the RPS Report referred to at paragraph 23 of the said Affidavit of Matthew Byrne and Exhibited “MB3” therewith including the carrying out of a Tier 2 main site investigation and risk assessment per EPA Code of Practise 2007 within such period as may be allowed by this Honourable Court
* That they carry out no further waste activities on the Rossbrackan site including the bringing or permitting entry of waste vehicles thereto other than strictly for the purposes of complying with sub-paragraphs (b) and (c) above in circumstances where waste is currently being held and/or recovered and/or disposed of on the Rossbracken site in a manner that causes and/or is likely to cause environmental pollution and/or is in contravention of Sections 34(1) and/or 39(1) of the 1996 Act.
The court also carried out a number of order against a third named party – Ferry’s Refuse Recycling Limited.
The Court also ordered that this respondent, their respective servants and Agents, pursuant to Sections 57 and 58 of the 1996 Act, to the following effect:-
* cease forthwith delivering waste of any kind to the Rossbrackan site
* That waste vehicles used by them for ongoing waste collections pursuant to their current Waste Collection Permit do not enter the Rossbrackan site
* That they do otherwise undertake further waste collections solely and strictly in accordance with the terms and conditions of their current Waste Collection Permit as exhibited at Tab 14 of Exhibit “MB1” with the said Affidavit of Matthew Byrne.
* That they provide to the Applicant full details of proposed management by them of further waste collections in accordance with their permit and the subsequent lawful recovery or disposal of same without use of the Rossbrackan site in any way as a waste transfer station or otherwise in circumstances where waste is currently being held and/or recovered and/or disposed of by them in a manner that causes and/or is likely to cause Environmental pollution and/or is in contravention of Sections 34(1) and/or 39(1) of the 1996 Act as amended.
The Court also ordered that all the Respondents their respective servants and/or Agents pursuant to Sections 57 and/or 58 of the Waste Management Act 1996 as amended (hereafter referred to as “the 1996 Act”) to the following effect:-
* Such interim and/or interlocutory relief as may appear to be just and/or appropriate to this Honourable Court pursuant to said Sections 57 and 58 of the 1996 Act
– Such further and/or other Order is made appear to be just and/or appropriate to this Honourable Court
The Court also ordered that the interlocutory reliefs sought in the said Motion as amended by the Court this day and as set out hereafter be and are hereby granted
1 Orders against the First and Second Named Respondents their respective servants and Agents pursuant to Sections 57 and 58 of the Waste Management Act 1996 as amended (hereafter referred to as “the 1996 Act”) to the following effect:-
(e) That they cease forthwith from receiving and taking delivery of waste of any kind or permitting same to enter upon “the Rossbrackan site”
(f) That they within a period of three weeks from the date hereof do remove from the Rossbrackan site all surface (over ground) waste currently stored or otherwise now in sheds or elsewhere on the Rossbrackan site and lawfully recover or dispose of same
(g) That in relation to all (underground) waste currently buried within the Rossbrackan site that they within a period of two months from the date hereof do comply with the recommendations at paragraph 9 of the RPS Report referred to at paragraph 23 of the said Affidavit of Matthew Byrne and Exhibited “MB3” therewith including the carrying out of a Tier 2 main site investigation and risk assessment per EPA Code of Practise 2007
(h) That they carry out no further waste activities on the Rossbrackan site including the bringing or permitting entry of waste vehicles thereto other than strictly for the purposes of complying with sub-paragraphs (b) and (c) above
2 Orders against The Third Named Respondent their respective servants and Agents pursuant to Sections 57 and 58 of the 1996 Act to the following effect:-
(c) That they cease forthwith delivering waste of any kind to the Rossbrackan site
(d) That waste vehicles used by them for ongoing waste collections pursuant to their current Waste Collection Permit do not enter the Rossbrackan site
(e) That forthwith they do otherwise undertake further waste collections solely and strictly in accordance with the terms and conditions of their current Waste Collection Permit as exhibited at Tab 14 of Exhibit “MB1” with the said Affidavit of Matthew Byrne
(f) That forthwith they do within a period of seven days from the date hereof provide to the Applicant full details of proposed management by them of further waste collections in accordance with their permit and the subsequent lawful recovery or disposal of same without use of the Rossbrackan site in any way as a waste transfer station or otherwise.
When contacted by Donegal Daily, Donegal County Council declined to comment.