Diarmuid Wilson (Fianna Fail)

The Cavan County Council by-laws state that it is prohibited to discharge any wastewater or effluent from any on-site wastewater treatment or disposal system to any ditch, stream, pond, lake, watercourse, drain, surface water or, where discharge exceeds five cu. m in any 24-hour period, into groundwater, other than in accordance with a valid discharge licence. County Cavan has plenty of lakes and rivers and these by-laws have been very effective in protecting them. As Senator Ó Domhnaill outlined, initially 25% of septic tanks inspected failed. The by-laws stated, "A person who contravenes a provision of these by-laws shall be guilty of an offence pursuant to section 40 of the Local Government Act 1994", making them liable on summary conviction of a fine of up to €1,270. Under the 2010 Fines Act, this fine will become a class C fine. Once that Act commences, the fine on summary conviction will be €2,500. That is half the maximum fine proposed by the Minister in this Bill.

Why does the Minister not compel each local authority to introduce similar by-laws instead of introducing this legislation? It would be a more sensible approach and achieve what is required under the ruling without the heavy-handed approach this Bill will visit on the 475,000 septic tank owners and 1.2 million people covered by it.

While Cavan is unique in many respects and is one of the finest counties of the 32 and certainly of the 26 over which the Minister has jurisdiction, it is only fair the other 25 counties have the opportunity to introduce their own by-laws. County Cavan has already proved this can be successfully done. I respectfully request the Minister takes this amendment into consideration.