Frank Feighan (Roscommon-South Leitrim, Fine Gael)
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Question 162: To ask the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the devastating impact of code of practice in planning in respect of soils in County Leitrim; the steps he will take to put a derogation in place in County Leitrim. [16221/10]

John Gormley (Dublin South East, Green Party)
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The Environmental Protection Agency's (EPA) new Code of Practice on Wastewater Treatment and Disposal Systems Serving Single Houses which was published in October 2009 sets out comprehensive requirements in relation to the design, installation and maintenance of on-site wastewater systems. My Department issued a circular letter to planning authorities in January 2010 regarding implementation of the EPA's new Code of Practice.

Elements of the Code relevant to building control will be provided for in Part H (Drainage and Waste Water Disposal) of the Building Regulations which is currently under review. The public consultation process in this regard ended on 8 March 2010. Submissions received are now being considered by my Department, in consultation with the Building Regulations Advisory Body, with a view to having the amended Part H/TGD-H finalised later this year.

Implementation of the Code of Practice is a key step in addressing a recent ECJ judgment (C188/08) which found that Ireland was in breach of Article 4 of the EU Waste Directive (2006/12/EC) which requires all EU Member States to take measures to ensure that waste, which includes wastewater from septic tanks and proprietary waste systems, is recovered or disposed of without endangering human health and without using processes that could harm the environment.

In this regard, the EPA Code of Practice lays down the technical standards to comply with Ireland's duty of care under Article 4 of the Waste Directive, but in particular to ensure that the disposal of waste via waste water systems for single dwellings does not give rise to public nuisance, health risk or damage to the natural environment. There is no provision in the Directive for a derogation from the requirements of Article 4.

Recent EPA statistics indicate that in relation to the 440,000 on-site wastewater systems in Ireland, as many as 120,000 may be giving rise to surface water pollution and 25,000 to groundwater pollution. Therefore, there is considerable urgency in setting both the technical standards for new build and an inspection and maintenance regime for existing systems to address the situation.

While the Code of Practice may pose engineering and planning challenges in certain parts of the country where soil and geological conditions create very difficult drainage conditions, it also sets out a number of potential solutions. These include innovative designs of proprietary wastewater treatment systems, and the consideration of discharges other than to sodden or otherwise unsuitable ground conditions, that can be used to ensure that development on suitable sites can proceed while protecting the environment.

My Department will work with local authorities in ensuring that future county development plans, taking account of river basin management plans and other water quality legislation, address this issue pro-actively in ensuring that rural communities continue to provide for their housing needs in tandem with protecting water quality.