Jonathan O'Brien (Cork North Central, Sinn Fein)
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Question 186: To ask the Minister for the Environment, Community and Local Government the reason he has decided that the best way forward for the future of water treatment in Cork city is not to have the local authority retaining operational control as was the recommendation following the procurement appraisal report; and if he will make a statement on the matter. [19297/11]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I refer to the reply to Question No. 245 of 24 May 2011 which sets out the position in this matter.

Eoghan Murphy (Dublin South East, Fine Gael)
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Question 187: To ask the Minister for the Environment, Community and Local Government if progress has been made regarding the construction of a sewerage treatment plant in Arklow, County Wicklow. [19349/11]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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The Water Services Investment Programme 2010 – 2012, a copy of which is available in the Oireachtas Library, provides for the development of a comprehensive range of new water services infrastructure in County Wicklow. Three contracts under the Arklow Sewerage Scheme are included in the Programme amongst the list of contracts in the county to start in the period 2010 – 2012.

The major contract relates to the proposed wastewater treatment plant. I understand that the unsuccessful applicant to the High Court for a judicial review of An Bord Pleanála's decision to grant approval for the wastewater treatment plant was given leave to appeal to the Supreme Court and has exercised that option. The hearing was held on 2 December 2009 and the Council is awaiting the Supreme Court's decision in the matter. Further progress on this element of the scheme together with the contract for the Northern and Southern Interceptor Network will be dependent on the decision of the Court. The planning of the proposed contract for the upgrade of South Green and Harbour Road Network is under consideration by the Council.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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The Programme for Government proposes the establishment of a new State-owned water company to be called Irish Water. The Memorandum of Understanding between Ireland and the European Union and International Monetary Fund commits Ireland to undertaking an independent assessment of the establishment of a water utility. My Department is overseeing an independent assessment of the establishment of the new water company. The assessment is to be completed by end October 2011. No decision has yet been taken on the functions to be assigned to the new company. The matter will be considered by the Government on completion of the independent assessment.

Willie Penrose (Longford-Westmeath, Labour)
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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.

The EPA's new Code of Practice on Wastewater Treatment and Disposal Systems serving Single Houses was published in October 2009 and refers to the suite of new European Standards for small wastewater treatment plans, EN 12566. The new Code of Practice updates previous guidance and sets out comprehensive requirements in relation to new on-site wastewater systems, including the methodology to be followed for the assessment of sites for single houses in unsewered areas, as well as procedures for the selection, installation and maintenance of wastewater treatment and disposal systems appropriate to conditions encountered on specific sites. The EPA Code of Practice has been called up into the Technical Guidance Document to Part H of the Building Regulations. A copy of the Code of Practice is available to view and download from www.epa.ie.

My Department issued a circular letter to planning authorities in January 2010 regarding implementation of the EPA's new Code of Practice, which 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. A copy of the circular letter is available to view in the Oireachtas Library and also on the Department's website – www.environ.ie.

It is the responsibility of planning authorities to monitor the degree to which those carrying out approved developments meet their obligations to comply with the terms of planning permissions granted, and to enforce such terms where necessary.

As stated in the reply to Questions Nos. 350 and 351 of 28 June 2011, the Government recently approved the urgent drafting of a Bill to provide for the establishment of a new system for the inspection and monitoring of the performance of septic tanks and other on-site wastewater treatment systems in response to a European Court of Justice ruling that Ireland failed to adopt the necessary legislation to comply with Articles 4 and 8 of Council Directive 75/442/EEC regarding domestic wastewaters disposed of in the countryside through septic tanks and other individual wastewater treatment systems. The Bill will be published as soon as possible and my intention will be to pursue its early enactment thereafter.