Tommy Broughan (Dublin North East, Labour)
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Question 109: To ask the Minister for the Environment, Heritage and Local Government if he has contacted Dublin City Council since the formation of the Government regarding outstanding problems in the large north fringe district of Dublin North-East constituency; and if he has urged the Dublin City Council manager to expedite the production of a revised and sustainable masterplan for the area; and if he will make a statement on the matter. [7037/11]

Willie Penrose (Longford-Westmeath, Labour)
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It is the responsibility of each planning authority to provide for the proper planning and sustainable development of its area, to ensure that their statutory development plans and local area plans provide an adequate basis to guide the delivery of infrastructure and services, as well as future development, and to reflect national and regional policy priorities within these plans.

The Dublin City Development Plan 2011-2017 has been adopted by the members of the City Council and came into effect on 22 December 2010. This Plan includes a commitment to undertake a review of the North Fringe Local Area Plan as part of a process of integrating the core strategy policies of the wider City Development Plan into local plans and strategies. I understand that the Council intends to initiate the review of this Local Area Plan in the near future.

Frank Feighan (Roscommon-South Leitrim, Fine Gael)
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Question 110: To ask the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the impact the code of practice in planning will have on soils in County Leitrim; the steps he will take to put a derogation in place in County Leitrim; if he will re-examine, regarding County Leitrim, the Environmental Protection Agency's new code of practice on wastewater treatment and disposal systems serving single houses which was published in October 2009 which sets out comprehensive requirements in relation to the design, installation and maintenance of on-site wastewater systems. [7043/11]

Willie Penrose (Longford-Westmeath, Labour)
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Appropriate 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, have necessarily been taken by my Department in order to address a recent ECJ judgment (C188/08) which found that Ireland was in breach of Article 4 of the EU Waste Directive (2006/12/EC). Implementation of 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 is a key measure in this regard.

The Code of Practice 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 of Practice relevant to building control have also been provided for in the recently published Technical Guidance Document to Part H (Drainage and Waste Water Disposal) of the Building Regulations as amended by the Building Regulations (Part H Amendment) Regulations 2010 (S.I. No. 561 of 2010).

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 wastewater 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.

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 technical 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.

The EPA under the STRIVE research programme, is also evaluating a number of potential technical responses to sites with difficult drainage conditions, my Department will be monitoring this research and the work of local authorities in implementing the EPA manual more generally and will be reporting back to me.

My Department will therefore continue to work proactively with local authorities in ensuring that the planning system takes proper account of river basin management plans, water quality legislation and new technology in assessing the on-site wastewater treatment and disposal system aspect of proposals for housing that are needed to meet the needs of rural communities.