Jim Daly (Cork South West, Fine Gael)
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306. To ask the Minister for Environment, Community and Local Government if he is satisfied with the level of enforcement of regulations when installing certified septic tanks; if his attention has been drawn to rogue traders installing non-compliant tanks; the measures he has taken to address this issue if it exists; and if he will make a statement on the matter. [38918/14]

Alan Kelly (Tipperary North, Labour)
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The Building Regulations set out the legal requirements for the design and construction of buildings, including dwellings. Compliance with the Regulations is the responsibility of the owner or builder of a building or works. Part H of the Second Schedule to the Building Regulations 1997 to 2014 sets out the requirements for the disposal of foul and surface water. The related Technical Guidance Document (TGD H 2010) provides guidance on how these requirements can be achieved in practice.

In relation to the use of septic tanks, in particular, TGD H states that “Septic Tanks must conform to I.S. EN 12566 Part 1 or 4 including their national annexes and comply with the EPA Code of Practice - Section 7”. The relevant national annexes are published by the National Standards Authority of Ireland and set out clearly the performance requirements for septic tanks when used in Ireland. TGD H also states that the design, installation and commissioning of wastewater treatment systems should be carried out and/or supervised by a suitably qualified person.

Under Regulation (EU) No. 305/2011 of the European Parliament and of the Council laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (known as the Construction Products Regulation), any product tested to a harmonised standard can be put on the market in a Member State, including Ireland.

Any concerns in relation to the use of a septic tank that does not conform to the requirements outlined above should be brought to the attention of the local building control authority in whose functional area the dwelling concerned exists. Building control authorities are the designated authorities under the Building Control Act and under the Construction Products Regulations to consider such matters and I am satisfied that they have been given the appropriate powers to take whatever action they may deem to be reasonable and appropriate to enforce compliance by the responsible parties with their statutory obligations.

Any person in possession of evidence in relation to forged or fraudulent certificates for septic tanks should be advised to bring this to the attention of An Garda Síochána which is the appropriate authority in relation to this aspect of the matter.