Written answers
Thursday, 12 March 2015
Department of Environment, Community and Local Government
Wastewater Treatment
Brendan Griffin (Kerry South, Fine Gael)
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265. To ask the Minister for Environment, Community and Local Government if he will provide an outline of the many different types of waste water treatment systems in use that are approved by local authorities, to meet current waste water standards, nationwide; and if he will make a statement on the matter. [10919/15]
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.
Public procurement and competition law preclude public bodies from advising or promoting the use of specific branded products or systems. Building Regulations and product standards, in this case I.S.EN 12566, typically set out the requirements in terms of performance standards which can be satisfied typically by a range of products or systems. The suitably qualified person required to oversee the design, installation and commissioning of wastewater systems will be best placed to advise on the most appropriate solution in a given set of circumstances.
Michael Duffy
Posted on 21 Mar 2015 10:36 pm (Report this comment)
The question is ridiculous in the first instance. A wastewater treatment system is made up of dozens of components one part of which is a septic tank or a proprietary wastewater treatment unit. At present a “local authority” becomes involved typically by conditioning (approving?) a proposed system in the planning permission. Thereafter it may be suggested that Building Control can enforce either Part H or the EPA Code of Practice. I have never heard of a case where Building Control (or Planning) has gone down the route of such enforcement. I believe that this is so because either Part H or the EPA Code of Practice cannot be enforced in law.
Firstly Part H has a completely different definition of the term “wastewater” to that prescribed in the CoP. Secondly, the EPA Code of Practice is not a statutory instrument and cannot be enforced in law. It is simply guidance. The Building Regulations quite correctly recognise that alternative approaches can be legitimate in a Building Regulation context yet the same regulations stipulate that one must proceed in accordance with guidance.
The answer the Minister gave has no relevance to the actual question asked but that is the norm. However his answer in effect misleads Dáil Eireann in that it is specifically the duty of the Minister to prescribe in legislation who “the suitably qualified person required to oversee the design, installation and commissioning of wastewater systems” actually is. It is such a person that the Minister suggests is “best placed to advise on the most appropriate solution in a given set of circumstances”. Previous Ministers have seen fit to prescribe who such “suitably qualified persons” actually are.[MUD Act & BC(A)R]
In doing so it would be worth the Minister’s time considering what category of person is qualified and insured to design such systems. This is not a Fas/FETAC two week qualification issue. I believe that an Assigned Assessor cannot legitimately certify compliance with Part H and the EPA CoP at present. This is being addressed in the typical fashion of ignoring it because the authorities are fully aware that they cannot enforce either of these.