Heavy Fines For Dumping On Farm

Co Down farmer Graham Furey, Comber Road, Downpatrick has been fined a total of £20,000 for four offences at Downpatrick Crown Court for permitting the illegal deposit of waste on his land at Ballyhornan Road near Downpatrick. The dumping took place between 2003 and 2008 and involved 1,900 tonnes of waste.

During an intrusive survey at Mr Furey’s site in May 2009, staff from the Northern Ireland Environment Agency uncovered buried waste which included construction and demolition waste, metal drums and lockers, and a hydraulic bed frame and other materials originating from the demolition of parts of the old Downe Hospital.

Down District Councillor Cadogan Enright who played a key role in uncovering the waste dumping said, “This is a very significant case. I had to pursue this very strongly and I found that the Department were slow to want to prosecute.
“This case is significant in that if there was an EU audit and it was discovered that DARD were not meeting their cross compliance requirements in looking after the environment then there could be a very serious surcharge levied which would penalize our farming community.

Graham Furey who was fined for dumping on his land. 

“DARD needs to be more proactive in enforcing its rules regarding EU Single Farm Payments. Northern Ireland is the only area in the British Isles that does not have an independent environmental agency and Mr Furey actually campaigned against the setting up of one here.”

As an outcome of the case, a Down District Council spokesperson said that the Council would have to consider actions to be taken and this will have to be debated within the Council.

Down News understands that Mr Furey could possibly face clean up costs of approaching £200,000 for the removal of the waste to an officially authorised recycling centre if the Council order him to remove it from his land.

A spokesperson for the Northern Ireland Environment Agency said, “While NIEA does not believe that dumping on this scale is a widespread practice on farms, one farm is one too many. As Minister Attwood highlights, the court decision sends out a very strong message and where there is a breach of planning or environmental law, offenders must be dealt with in a firm manner.

"The word 'disposal' has a particular meaning in the context of waste legislation. Disposal activities are those which get rid of waste finally (e.g. by landfill) and are different from waste recovery activities in which waste materials are used for a further beneficial purpose.

"Disposing of waste is only permitted where environmental controls are in place ( e.g. PPC permits, waste management licences or exemptions).

"This sort of dumping has the potential to damage surface and ground water, land and air. Decomposing waste produces leachate and landfill gases and the physical deposit and keeping of waste disrupts the pre-existing environmental conditions.

"NIEA will  work with partner agencies to ensure that environmental damage is remediated. Minister Attwood has already been speaking with the local MP Margaret Ritchie and wants to see the local council exploit their powers as well.

"In making Northern Ireland a better place to live, work and invest, the NIEA will continue to be robust on all pollution fronts. This week it published for the first time ever a report into the enforcement work it does. It deals with ten pollution reports every day.  Between 2008 and 2010 almost three quarters of a million pounds has been recovered in fines and assets as a result of NIEA work."

At the same court Judge Mr David Smyth also fined local haulier, ‘Elvis’ Kirk, of Crossgar Road, Killyleagh, a total of £1,500 for depositing and infilling the waste also at Mr Furey’s land. The waste site had been covered over and grassed. 
Mr Furey was charged with four offences in relation to the illegal deposit of demolition material. Mr Furey’s fines were for unauthorised deposit of waste, unauthorised keeping of waste and for treating, keeping or disposing of waste in a manner likely to cause pollution of the environment or be harmful to human health.

Friends of the Earth campaigner, Declan Allison said,"This is a serious crime and the court has sent out a strong signal that it does not pay to pollute. This is not the end of the matter though. The waste will continue to pollute for 40 or 50 years. Mr Furey should remove the illegally dumped waste and redispose of it at a fully licensed site at his own expense."

"As President of the Ulster Farmers' Union, Graham Furey campaigned against an Environmental Protection Agency that would have been an effective watchdog against environmental crime. In the absence of an independent environmental regulator, the responsibility falls on the judiciary to pass strict sentences that will deter others from repeating this type of offence. Judges in other courts around the country must now take environmental crime seriously."

The Minister for the Environment Alex Attwood announced a discussion paper on environmental governance last August which options for an independent Environmental Protection Agency (EPA). Consultation responses showed an overwhelming response (83% from the public on the need for an EPA.)