Ruairi Quinn (Dublin South East, Labour)
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Question 91: To ask the Minister for the Environment, Heritage and Local Government when he will enact the provision in the Environmental Protection Agency Act 1992 to subject local authorities' sewage treatment activities to an Environmental Protection Agency licensing regime in order that the agency will be better placed to regularly monitor and initiate prosecutions in relation to sewage treatment activities; and if he will make a statement on the matter. [28701/07]

John Gormley (Dublin South East, Green Party)
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Section 59 of the Environmental Protection Agency Act 1992 provides for the making of regulations by the Minister providing for the grant of an authorisation to a sanitary authority by the EPA in respect of the discharge of effluents generally, effluents in designated areas or classes of areas or specified plants, sewers or drainage pipes or effluents discharged to designated waters or classes of waters. The Waste Water Discharge (Authorisation) Regulations 2007 were made under the European Communities Act 1972 (as amended) rather than EPA legislation so as to make provision for offences under the Regulations to be prosecuted on an indictable basis, as this was considered necessary fully to implement the Dangerous Substances and Water Framework Directives.

These Regulations provide for the authorisation by the EPA of discharges from local authority waste water treatment works and collection systems that are released to all types of receiving waters. In considering applications for authorisations, the EPA will stipulate conditions to ensure compliance with standards for various substances and conformity with obligations under a number of EU environmental directives. The Agency will periodically review discharge authorisations granted by it. Failure by a local authority to comply with conditions attaching to an authorisation will be an offence.