Róisín Shortall (Dublin North West, Independent)
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268. To ask the Minister for Environment, Community and Local Government if this attention has been drawn to the lacuna in the law relating to the maintenance of sewage systems serving private residences, where a blockage occurs but not all residents on the group system agree to share the cost of repair; if Irish Water is empowered to issue legal notices to residents in this situation regarding their responsibilities and, if not, if he will undertake to legislate to provide Irish Water with such powers or alternatively to restore powers to environmental health officers to act on behalf of Irish Water; and if he will make a statement on the matter. [10966/15]

Alan Kelly (Tipperary North, Labour)
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Section 62 of the Water Services Act 2007enables a water services authority to inspect a sewer or drain, and either direct the owner to carry out any necessary remedial works, or carry them out itself and recover its costs. The functions under section 62 were transferred to Irish Water under the Water Services (No. 2) Act 2013.

In relation to private wastewater treatment systems the position is that Section 91 of the Water Services Act 2007 provides a water services authority with the power to intervene where a private waste water system is being operated or managed in such manner as to cause, or be likely to cause, a risk to human health or the environment. The functions under section 91 were transferred to Irish Water under the Water Services (No. 2) Act 2013.

My Department, as part of a wider overhaul of the taking in charge process, is seeking to determine the number of residential developments with developer provided stand-alone wastewater treatment plants and/or water treatment systems that are not connected to public water and waste water networks. Many of the developments in question have not yet been taken in charge by the relevant local authority because they are unfinished. In some cases the developments may be completed but not to the standards required under the planning permissions granted. My Department has commenced a pilot project focussing on the situation in a number of local authority areas in order to get a clear overview of the nature of the problems which exist in the developments in question, and identifying possible solutions and associated costs required to alleviate those problems.  The information garnered from the pilot project will subsequently be used by my Department to inform the development of a co-ordinated approach to the taking-in charge by local authorities of developments with developer provided water services infrastructure and, where appropriate, the transfer of such infrastructure to Irish Water.