Tony Gregory (Dublin Central, Independent)
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Question 892: To ask the Minister for the Environment, Heritage and Local Government his plans to introduce registration and monitoring of the indirect discharges into ground water of domestic effluents from the septic tanks of more than 300,000 isolated dwellings in view of the comments by the chairman of An Bord Pleanála regarding the fact that they must be accounting for some of the decline in ground water standards reported by the Environmental Protection Agency. [28449/08]

Tony Gregory (Dublin Central, Independent)
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Question 893: To ask the Minister for the Environment, Heritage and Local Government the annual programmes of testing and monitoring of individual wastewater treatment and disposal systems have taken place of developments given consent since the guidelines were issued in 2003 in view of the fact that the sustainable rural housing guidelines state in section 4.5, Protecting Water Quality, that critical elements of Circular Letter SP 5-03 issued to planning authorities gave guidance on development control and enforcement standards and practices to ensure protection of groundwater quality. [28450/08]

Tony Gregory (Dublin Central, Independent)
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Question 894: To ask the Minister for the Environment, Heritage and Local Government his plans to introduce the registration and inspection of the indirect discharges into groundwater of effluents from the septic tanks and waste water treatment units of various rural settlements and agglomerations which are in breach of the conditions laid down in the Groundwater Directive and referred to in the recent European Court judgment against Ireland but for which insufficient evidence was provided by the Commission to the Court. [28451/08]

John Gormley (Dublin South East, Green Party)
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I propose to take Questions Nos. 892 to 894, inclusive, together.

The testing and monitoring of wastewater treatment and disposal systems in respect of which planning permission has been granted is a matter for each relevant local authority. The interpretation and application of planning guidelines in individual cases is also a matter for each relevant planning authority and An Bord Pleanála, on appeal.

Clear and comprehensive best practice guidance in regard to Groundwater Protection and the Planning System was issued to all planning authorities by my Department in July 2003. 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. These guidelines were issued under section 28 of the Planning and Development Act 2000 which requires planning authorities to have regard to such guidelines in the performance of their functions.

Septic tanks installed on or after 1 June 1992 must comply with Part H of the Building Regulations. This 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 provides guidance on how to comply with the requirements of Part H.

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). Compliance with the Building Regulations is primarily the responsibility of the builder and the owner of the building while their enforcement is a matter for each local Building Control Authority.

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 EPA is currently developing a comprehensive Code of Practice on Waste Water Treatment Systems, which I understand it intends to publish under section 76 of the Environment Protection Agency Act in 2008. This code will then be cited in the Annex to Technical Guidance Document H of the Building Regulations.

A new European Standard for small wastewater treatment plants will come into force on 1 July 2009. The need for new systems to comply with this standard, together with recommended performance levels for treatment systems, has been brought to the attention of local authorities by my Department. I understand that the EPA Code of Practice on Wastewater Treatment Systems, when finalised, will refer to the relevant European Standards.

In addition to the provisions set out in both the Planning Code and the Building Code regarding waste water treatment systems for single houses, the Water Services Act 2007 places a duty of care on the occupier or owner of a premises in relation to the maintenance of septic tanks. It also requires the occupier or owner to notify the water services authority of any leak, accident or other incident 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. Extensive powers of inspection and enforcement by the relevant local authority are provided under the Water Services Act to facilitate the implementation of this provision.

Local authorities also have powers of inspection, investigation and enforcement under the Local Government (Water Pollution) Acts to protect water quality, including powers to serve notice on a person to take specified measures to prevent or control water pollution. Finally, 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.