Dáil debates

Wednesday, 12 December 2012

Topical Issue Debate

Septic Tank Registration Scheme

2:40 pm

Photo of Marcella Corcoran KennedyMarcella Corcoran Kennedy (Laois-Offaly, Fine Gael)
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I was prompted to raise this issue as someone who lives in a rural area, a small parish in the foothills of the Slieve Bloom mountains in Offaly, who has a septic tank to deal with waste water. Therefore, I am only too well aware of the importance of ensuring that properly functioning waste water systems are in place. I am also cognisant that the deadline for registration of septic tanks is 1 February 2013. It is because of this I wish to bring this matter to the Minister's attention.

A number of people have contacted me with regard to their concerns that if they are required to carry out remedial works or replace their septic tanks on foot of an inspection, they will not be able to afford that. I am particularly concerned about people on low incomes and the elderly. Clarity in this area has been very difficult to establish, due to the misinformation being circulated by many Opposition Deputies and active campaigning against the registration of septic tanks in many rural areas. This has left people on low incomes and the elderly, whose septic tanks may have been installed decades ago, worried about the costs involved in replacing them if required. Incredible sums have been bandied about, up to €20,000, which I believe is incorrect.

I have always believed this issue is a matter of public health and that it is not be of rural Ireland being under attack again, as many people would have us believe. Most people I know who own a septic tank have it desludged regularly in the interest of its proper functioning, and, more important, in the interest of protecting the water table to ensure there is clean drinking water for everyone. If we have clean drinking water, we have clean water for all other uses, such as for agriculture.

I am aware that three years ago, the European Court of Justice ruled that Ireland had failed to adopt the necessary legislation to comply with Articles 4 and 8 of the EU waste directive relating to domestic waste water being disposed of in the countryside through septic tanks or other waste water systems. This ruling highlighted deficiencies in our legislation regarding the disposal of waste water. I know the Minister has been determined to protect our water, as well as to achieving compliance with the waste water directive. I hope the many years of neglect in dealing with the matter by previous Administrations will not expose our State to EU fines as a result. In fact, there has been quite an amount of hypocrisy involved in this issue, with some people who were in government at the time leading the anti-registration charge over the past year.

I believe a scheme of financial support should be put in place for the upgrading of septic tanks, whether for repair or replacement. As a member of the Joint Oireachtas Committee on Environment, Culture and the Gaeltacht, I know that compliance with the directive has been an issue of concern. This was highlighted to the Minister when this matter was discussed by the committee. The Minister has stated clearly he will keep an open mind on the issue of possible financial support, despite our poor financial situation. I sincerely hope he is making every effort to put such a scheme in place to assist people who need it if and when their tanks are inspected and they need repair or replacement.

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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I thank Deputy Corcoran Kennedy for the opportunity to address this issue. The House will be aware that the Water Services (Amendment) Act 2012 provided for the establishment of a new system for the registration and inspection of septic tanks and other domestic waste water treatment systems. The 2012 Act augments the duty of care placed on the owners of on-site wastewater treatment systems, under section 70 of the Water Services Act 2007, to ensure that their systems do not endanger public health or the environment.

I made regulations in June setting out the procedures for householders to register details of their treatment systems with their water services authorities. The Local Government Management Agency has developed an on-line registration facility on a shared service basis for the 34 county and city councils. The agency is tasked with managing a central bureau to process written applications accompanied by registration fees. The registration facilities have been available since 26 June and as of today, more than 290,000 owners have registered their systems. By comparison, last year's census recorded that almost 500,000 houses were served by septic tanks or other on-site treatment systems. Householders who have not yet registered have until 1 February 2013 to register their systems. I encourage each of them to register on time to ensure they are in compliance with the law. Registration can be done on-line, by post or at local authority offices.

I remind the House that this legislation was introduced to ensure compliance with a European Court of Justice ruling against Ireland. It is important that the legislation is fully implemented, not just to comply with the court ruling but also to protect our valuable water resources, as the Deputy said. Regrettably, my predecessors in government exposed the State to potential EU fines. I am aware that some householders are concerned that they may incur significant expense in repairing or upgrading their systems if they fail an inspection. As I have said on a number of occasions, I am prepared to consider all possible options to provide financial support for householders whose wastewater treatment systems are deemed, following inspection under the new legislation, to require substantial remediation or upgrading. The matter is under review in my Department and I expect to be in a position to make a decision shortly. I emphasise that the provision of financial support must have regard to the overall budgetary situation and the financial position of the individual households concerned.

2:50 pm

Photo of Marcella Corcoran KennedyMarcella Corcoran Kennedy (Laois-Offaly, Fine Gael)
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I welcome the Minister's comments. I hope the decision on the review by the Department will be made as soon as possible. The Minister has said 290,000 systems have been registered. While I understand that up to 66% of systems have been registered in some water service authority areas, it seems that the figures in others are low. If we could have clarity on the possibility of a scheme being introduced to help people on low incomes - I am thinking particularly of elderly people on low incomes - it would encourage more people to register their systems by the February 2013 deadline.

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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I accept what the Deputy is saying. There is concern, some of which has stemmed from the irresponsible dissemination of misinformation in certain parts of rural constituencies. I suggest some of the Deputies involved who were serving in government when this case came before the courts and did nothing about it for four years thereafter are responsible for the European Court of Justice ruling which has exposed the State to potential fines on a daily basis, as well as a lump sum fine. A decision in that regard is likely to be made soon. I am conscious that the misinformation I have mentioned is causing many elderly people and low-income families to worry that they will potentially have to make a major financial outlay to carry out remediation works. That will not be the case. If difficulties arise on foot of the inspections that will be carried out, it will be possible to deal with most of them by means of desludging, in the same way that applied when Cavan County Council introduced such a scheme. I am prepared to examine a scheme to assist people in exceptional circumstances, for example, if it costs €3,000 or €4,000 to resolve serious structural issues associated with remediation.