Alan Shatter (Dublin South, Fine Gael)
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Question 638: To ask the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that the chairman of An Bord Pleanála in the board's annual report 2006 expressed concern regarding the ongoing proliferation of septic tanks including proprietary systems associated with houses in the countryside, the pollution of ground waster contaminated by faecal chloroforms associated with septic tank systems and the fact that some local authorities are granting planning permission without having a full set of drainage tests and without a proper assessment of the tests that are submitted; his views on whether this constitutes a serious threat to public health; the action he proposes to take to ensure that local authorities do not grant planning permission or even outline permission without establishing that were septic tanks are or will be involved it is possible to provide safe drainage on the specified site; and if he will make a statement on the matter. [30742/07]

John Gormley (Dublin South East, Green Party)
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Circular letter SP5-03 was issued to all planning authorities by my Department in July 2003 with clear and comprehensive best practice in regards to Groundwater Protection and the Planning System. The Sustainable Rural Housing Guidelines for Planning Authorities, which issued in April 2005, emphasised the need for adherence to best practice in order to protect water quality, the Guidelines were issued under section 28 of the Planning and Development Act 2000 which requires planning authorities to have regard to them in the performance of their functions.

Septic tanks installed on or after 1 June 1992 must comply with Part H of the 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. The related Technical Guidance Document H provides guidance on how to comply with Part H.

The Environmental Protection Agency is developing a comprehensive Code of Practice on Waste Water Treatment Systems. The EPA intends to publish the document as a Code of Practice under section 76 of the EPA Act, and this code will then be cited in the Annex to Technical Guidance Document H of the Building Regulations when it is revised next year.

The Water Services Act 2007 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 in relation to the maintenance of septic tanks and 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 a septic tank, where it is likely to cause a risk to human health or safety or the environment. It is envisaged that these sections, which have not yet been commenced, will be brought into operation shortly.

In addition, it is 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.