Pat Gallagher (Donegal South West, Fianna Fail)

Section 62 enables the water services authority to test for nuisances in drains and sewers and requires remedial action to be taken, if appropriate. Arising from the series of amendments to section 2 to streamline and clarify the distinction between drains, sewers and service connections, many of the provisions in section 62 in regard to drains have been incorporated into the revised section 43 and are now redundant. Amendment No. 75 refers to drains and subsections (1), (2) and (3) are being deleted accordingly. Subsections (4), (5) and (6) are also being updated in light of the amendments to section 2 so as to incorporate reference to service connections, thus ensuring all drainage connecting premises to a sewer is provided for.

The provisions in question enable the water services authority, where it considers that a premises, regardless of whether its drainage is defective or neglected, is not drained satisfactorily, to issue a notice under section 42, requiring the owner of the premises to connect to a sewer. Such notice could issue, for instance, where a premises was found under examination to be drained to a sceptic tank and the water services authorities wanted it to be connected to a nearby sewerage scheme. In addition to the normal procedure, subsections 42(4) and (5) provide that the water services authority may provide the connection or contribute to the cost at its discretion.