Michael Creed (Cork North West, Fine Gael)
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Question 494: To ask the Minister for the Environment, Heritage and Local Government the role his Department has in ensuring that all bio-cycle units installed as a condition of planning meet all the appropriate national and EU legislation; the role of local authorities in policing these matters where their installation is a condition of planning; and if he will make a statement on the matter. [3240/10]

John Gormley (Dublin South East, Green Party)
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Part H of the Building Regulations (Drainage and Waste Water Disposal) sets out the requirements for the design and installation of wastewater systems. The relevant Technical Guidance Document (TGD) H provides guidance on how to comply with the requirements of Part H. Part H / TGD-H is currently under review and the public consultation process in this regard will end on 8 March 2010.

The EPA Code of Practice on Wastewater Treatment and Disposal Systems serving Single Houses refers to the suite of new European Standards for small wastewater treatment plants EN 12566. It is proposed to call up the EPA Code of Practice in TGD-H in substitution for SR:6 of 1991 which will be withdrawn by the National Standards Authority of Ireland.

The renewed Programme for Government includes a commitment to introduce a scheme for the licensing and inspection of septic tanks and other on-site wastewater treatment systems. My Department is chairing a task force to consider how the inspection of septic tanks should be carried out. In order to comply with a recent European Court of Justice (ECJ) ruling, legislation will be required to give effect to the new inspection system. At this stage, while this matter is receiving priority attention, it is too early to estimate when the new arrangements will be operational.

In the interim, my Department has recently issued a circular letter to planning authorities regarding the implementation of EPA's new Code of Practice, and inter alia, requests planning authorities to continue their practice of requiring that details of on-going proprietary wastewater systems maintenance contracts with suppliers and/or expert contractors are provided as part of the planning application documentation, and that such contracts should be maintained by the applicants, developers and/or property owners as appropriate, as a condition of any planning permission or approval.