Planning officials are hoping to take two companies to court for alleged illegal dumping at Devonshire Marsh.

The Planning Department has sent a file on the activities of Rodrigues Trucking and Rodrigues Excavating to the Director of Public Prosecutions after the companies refused to accept a stop order banning them from dumping.

In December, Planning officials said Rodrigues was dumping and processing material at the site without permission - despite a stop order issued on November 16.

Officials said the site was never designated as a dump and Bermuda National Trust said they believed the companies would continue flouting the law until they were taken to court.

Paul Rodrigues, who owns the companies, could face a fine of $5,000, six months in prison, or both, under the Building Act if he is charged and convicted. He could also face an additional $500 fine for each day the offence continues.

Director of Planning, Rudolph Hollis, told The Royal Gazette yesterday: "We have sent a file to the DPP (Director of public Prosecutions) and they are collecting information in this case.

"We have done as much as we can with respect to issuing the stop notice. I would be concerned with anyone who disregarded an enforcement notice. Unless he is able to demonstrate that what he had been doing is legal, we would like the DPP to prosecute."

Mr. Rodrigues was off the Island yesterday and not be contacted for comment.

He told The Royal Gazette in December that he was dumping on industrial land, not arable land, and that it had previously been used for this purpose, even though he did not have Planning permission.