Bernard Durkan (Kildare North, Fine Gael)
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Question 190: To ask the Minister for the Environment, Community and Local Government when his attention was first drawn to the need to protect groundwater from pollution from domestic septic tanks or overflows from malfunctioning or overloaded municipal or other sewage treatment plants; when the appropriate action was recommended or taken; the fine impositions in the event of failure to implement remedial work; and if he will make a statement on the matter. [6166/12]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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In its Water Quality 2007-2009 Report, the Environmental Protection Agency noted the presence of microbial contamination arising from the entry of faecal matter to Ireland's waters and stated that one of the main sources of microbial pathogens was on-site waste water treatment systems, including septic tanks. The report states that while the proportion of monitoring points with faecal coliform detections is high, it not only reflects the impact of human activities, but also the vulnerable nature of groundwater in some parts of the country. Groundwater is a source of drinking water for many people.

The EPA's Urban Waste Water Discharges in Ireland for Population Equivalents Greater than 500 Persons: A Report for the Years 2006 and 2007 stated that at the start of 2008, waste water from 112 locations was being discharged with either no treatment or basic treatment, and in most cases was discharging to estuarine or coastal waters. However, a number of major waste water treatment plants which discharge to tidal waters came into operation during the period 2007-2009 and the level of untreated discharges is expected to decrease further as additional treatment plants come into operation in the coming years. Discharges from local authority waste water treatment plants are subject to authorisation by the Environmental Protection Agency under the Waste Water Discharge (Authorisation) Regulations 2007, a copy of which are available in the Oireachtas library. A water services authority which commits an offence under these Regulations is liable on summary conviction, to a fine not exceeding €5,000, or, on conviction on indictment, to a fine not exceeding €500,000.

Section 70 of the Water Services Act 2007 places a duty of care on owners to ensure that their treatment systems do not cause a risk to human health or the environment or a nuisance through odours. Offences committed under section 70 of the 2007 Act carry potential fines on summary conviction of up to €5,000 or imprisonment for up to 3 months, or both, or, on conviction on indictment, fines up to €15 million or imprisonment for up to 5 years or both.

The maximum penalty for an individual who commits an offence under the Water Services (Amendment) Bill 2011, which passed all stages in the Oireachtas yesterday, is a fine of €5,000.

On my appointment as Minister for the Environment, Community and Local Government, I was briefed by my Department on the urgency of implementing the necessary legislation to comply with the ECJ ruling of October 2009 and the consequential fines that would be imposed on the State by failing to do so.