The Donegal waste collector who was convicted for illegal dumping last week could lose his licence for waste collection following the conviction.
Jim Ferry, the owner of Ferry’s Refuse Ltd, was fined 12,000 euro and given a suspended sentence at Letterkenny District Court for illegal dumping.
Licences for waste collection are issued by the Environmental Protection Agency (EPA). The agency can commence proceedings to revoke a waste licence. 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 (55), of Rossbracken, Manorcunningham was also ordered to pay costs of more than 30,000 euro to Donegal County Council after being convicted following a three-day trial before Judge Paul Kelly last week.
The court heard that he had previous convictions for illegal dumping.
Ferry faced charges relating to the illegal disposal of household waste at Doire Uí Fríll, Falcarragh, on June 10, 2010 on land he owned in front of his mother’s house.
The illegal dumping was detected by Donegal County Council
Judge Paul Kelly was shown covert video recordings showing Ferry’s distinctive green and yellow bin lorry dumping waste in pre-excavated holes in a field across from his mother’s house in June 2010.
Judge Kelly said Ferry was “slow to appreciate the lesson.”
He said the competition is cut throat across the country and “clearly competitors have an interest that everyone is playing on a level playing field.”