Caught! Ferry’s lorry dumping illegally at Derryreel
THE owner of Donegal’s largest waste disposal company is facing an investigation by environment chiefs after dropping a legal challenge – and could face sanctions including the loss of his license.
Jim Ferry, who is 56, could lose his business if environment agency bosses find he is unfit to carry on his Ferry’s Refuse Company based outside Manorcunningham.
Ferry had lodged an appeal in the Circuit Court against a conviction handed down last October when he was found guilty of illegal dumping, but lawyers have now withdrawn the appeal.
He was originally convicted and fined €12,000 at Falcarragh District Court sitting in Letterkenny after a lengthy legal battle.
Judge Paul Kelly also ordered Ferry to pay Donegal County Council a total of €30,750 in costs.
The Environmental Protection Agency says it is now reviewing Ferry’s license.
A spokeswoman for the EPA said: “Regarding an existing licensee, the agency could form the view that a licensee is no longer a fit and proper person and proceedings can be commenced to revoke a licence.”
Applications to renew a licence could also be affected by a conviction.
“In assessing an application for a waste licence under the Waste Management Act 1996, as amended, the Agency is obliged to ensure that the applicant is a fit and proper person to hold a waste licence,” the spokeswoman said.
“As part of the assessment of fit and proper person, the Agency will seek information on any relevant convictions under the relevant legislation. The nature and gravity of the conviction would be taken into account by the Agency in reaching its decision on whether to grant or refuse a licence.”
Ferry, of Rossbracken, Manorcunningham, but originally from Falcarragh, contested 12 charges but was found guilty after a three day trial.
The illegal dumping took place at Doire Uí Fríll, Falcarragh, on June 10, 2010 on land right in front of his own mother’s house (pictured).
Earlier this week Ferry withdrew his application to appeal the conviction when it came up before the Circuit Court in Donegal.
He must now pay out the fine and the costs totalling €42,750.
But he could also lose his entire business.
The illegal dump