Finian McGrath (Dublin North Central, Independent)
Link to this: Individually | In context

Question 1423: To ask the Minister for the Environment, Heritage and Local Government the position regarding a matter (details supplied). [29537/08]

John Gormley (Dublin South East, Green Party)
Link to this: Individually | In context

I refer to the reply to Question No. 679 of 19 February, 2008 in which I set out the position in regard to wastewater treatment systems under the national Building Regulations.

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 its Circular letter SP 5-03 of 31 July 2003. As set out, it is the responsibility of planning authorities to monitor the degree to which those carrying out approved development meet their obligations to comply with the terms of planning permissions granted, and to enforce such terms where necessary.

Planning authorities should ensure that the process of enforcing the terms of planning permissions for all developments involving on-site wastewater treatment and disposal, including septic tanks, is co-ordinated through a local authority-held database which would provide information such as the location and types of such systems relative to vulnerable areas, as well as details such as maintenance contracts. Such a database can be used by the planning authority to structure an annual programme of testing and monitoring the performance of individual wastewater treatment and disposal systems, and is also of value in recording outputs from site assessments and providing inputs into new site assessments in terms of general drainage trends in an area. It is a matter for planning authorities to ensure that adequate arrangements are put in place in these regards and to manage such monitoring systems.

Moreover, my Department's 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.

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. 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.

It is a standard feature of legislation generally that the owner/occupier of any property carries primary responsibility for compliance with all statutory requirements in relation to the property. Accordingly, it is entirely appropriate that legislation should assign primary responsibility to a householder for ensuring that the activities of the household do not give rise to water pollution (or any other form of environmental pollution), under the broad "polluter pays" principle. The European Communities (Good Agricultural Practice for Protection of Waters) Regulations, 2006 ("the Nitrates Regulations"), therefore, assign primary responsibility to each farmer for ensuring compliance with the Regulations in relation to his/her farm.

The relationship between a property owner and the supplier of any goods or services to the property is a matter of contract and law between them, including consumer law. In this regard, it is to be assumed that a property owner would have a well-founded right of claim against any supplier who supplied products or services which did not perform to specification.

A new European Standard (EN 12566-3) for small wastewater treatment plants has been introduced and is now in the transitional phase of implementation. The need for new systems to comply with this standard has been brought to the attention of Local Authorities by my Department's Circular Letters BC16/2006 and BC 2/2008, dated 8 November 2006 and 28 January 2008 respectively.

The Environmental Protection Agency (EPA) is currently finalising a revised edition of their 2000 Manual on Wastewater Treatment Systems serving Single Houses in consultation with all interested parties. The intention is that the revised document will take the form of a Code of Practice under Section 76 of the Environmental Protection Agency Act, 1992. It is understood that the EPA Code will refer to relevant European Standards and that the National Standards Authority of Ireland propose to withdraw an earlier one — SR6: 1991 — in favour of the proposed new edition, when available. My Department plans to call up the EPA Code in the relevant Technical Guidance Document to Part H of the Building Regulations, dealing with Drainage and Waste Water Disposal, and to consider any related issues at that time. My Department has been in recent contact with the EPA with a view to securing early completion of the Code of Practice.

My Department and the EPA made a presentation to the Joint Oireachtas Committee on the Environment, Heritage and Local Government on domestic wastewater treatment services at their meeting on 15 July 2008 addressing, inter alia, certain of the matters to which I have referred. A record of the discussion is available on www.oireachtas.ie.

Addressing septic tank pollution is a high priority for me and my Department and I will be keeping the situation and existing and proposed measures under review to ensure protection of groundwater and surface water.