Alan Shatter (Dublin South, Fine Gael)
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Question 438: 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 has expressed concerns regarding the inadequacy of guidelines on the necessity for adequate spacing of septic tanks in particular conditions; if he will ensure that adequate guidelines are prescribed to include limitations on proprietary systems in the new Environmental Protection Agency guidelines on waste water treatment systems referred to by him in his answer to Parliamentary Question No. 638 of 27 November 2007 or in some other format; and if he will make a statement on the matter. [15348/08]

Alan Shatter (Dublin South, Fine Gael)
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Question 439: To ask the Minister for the Environment, Heritage and Local Government, further to his reply to Parliamentary Question No. 638 of 27 November 2007, if his attention has been drawn to the fact that a concern raised by the chairman of An Bord Pleanála in relation to effluent disposal results from the failure of some planning authorities to comply with the guidelines referred to in his reply and that their existence for many years renders it unlikely that revised guidelines will be properly implemented by all planning authorities; if he will have research undertaken to identify and monitor compliance in this area by local authorities; and if he will make a statement on the matter. [15349/08]

John Gormley (Dublin South East, Green Party)
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I propose to take Questions Nos. 438 and 439 together.

As mentioned in the reply to Parliamentary Question No. 638 of 27 November 2007, the Environmental Protection Agency is currently considering submissions received during the public consultation phase of the preparation of 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 later this year. The Code of Practice sets out requirements for site suitability assessment including the density and performance of existing systems in the area and the potential impacts from adjacent single house waste water treatment systems. This Code of Practice will update and build on the guidance already provided by my Department through Part H of the Building Regulations, circular SP5-03 regarding ground-water protection and the planning system, and the relevant provisions contained in the Water Services Act 2007.

It is the responsibility of planning authorities to monitor the degree to which those carrying out approved developments meet their obligations to comply with the terms of planning permissions granted, and to enforce such terms where necessary. Local authorities may also 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.