Ciarán Cuffe (Dún Laoghaire, Green Party)
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Question 519: To ask the Minister for the Environment, Heritage and Local Government his plans, in view of water pollution difficulties in Galway City and County to provide for the multi-annual testing of septic tanks; and if he will make a statement on the matter. [13580/07]

Dick Roche (Wicklow, Fianna Fail)
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Septic tanks installed on or after 1 June 1992 must comply with Part H of the National Building Regulations which requires septic tanks to be so sited and constructed that they do not pollute, so as to endanger public health, any water (including groundwater) which is used as a source of supply for human consumption. Guidance on septic tank drainage systems for single houses is contained in Irish Standard Recommendations S.R. 6: 1991 for Domestic Effluent Treatment and Disposal from Single Dwellings issued by the National Standards Authority of Ireland (NSAI). For septic tanks serving groups of houses, British Standard B.S. 6297: 1983, a Code of Practice for the Design and Installation of Small Sewage Treatment Works, issued by the British Standards Institute applies.

The Environmental Protection Agency (EPA) is developing a comprehensive Code of Practice on Waste Water Treatment Systems for Single Houses and expects to publish the draft code for public consultation shortly. Following public consultation, the EPA will publish the document as a Code of Practice under section 76 of the Environmental Protection Agency Act 1992 as amended. It is intended that this code will then supersede the NSAI standard for single house installations.

The Water Services Bill currently at Dail Report Stage contains a number of significant provisions in relation to the operation of septic tanks. It places a duty of care on the occupier or owner of a premises to ensure that all drains, manholes and treatment systems, including a septic tank, serving the premises are kept in such a condition as not to cause a risk to human health or the environment or create a nuisance due to odours. It also requires the occupier or owner to notify the water services authority where any leak, accident or other incident occurs relating to discharges of sewage from the premises to a drain or treatment system, including a septic tank, where it is likely to cause a risk to human health or safety or the environment. An authorised person appointed by a water services authority may direct the owner or occupier to take such measures as are considered by the authorised person to be necessary to deal with the risk. Refusal to comply with such a direction or obstruction of the authorised person is an offence.

In addition, it would be open to local authorities to make and adopt bye-laws to require periodic inspections of septic tanks and other on-site proprietary treatment systems under the general powers available to them under the Local Government Act 2001 to make bye laws. Such bye-laws may require septic tanks to be inspected by a competent person at prescribed intervals and set out frequencies for de-sludging based on the number of residents in a household and the size of the septic tank.