Written answers

Tuesday, 26 May 2015

Department of Environment, Community and Local Government

Water and Sewerage Schemes Provision

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Independent)
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957. To ask the Minister for Environment, Community and Local Government if there has been a change in policy in respect of local authorities being responsible for the maintenance, on behalf of Irish Water, of sewage systems in tenants' homes; the legislative basis for this change; his views that local authorities should resume this responsibility, similar to the responsibility of private landlords; and if he will make a statement on the matter. [20308/15]

Photo of Alan KellyAlan Kelly (Tipperary North, Labour)
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Since 1 January 2014 Irish Water is responsible for the public water and wastewater systems and infrastructure, including water supply pipes or drainage pipes extending from a waterworks or waste water works to the curtilage of a private dwelling. Irish Water has entered into service level agreements (SLA) with each of the local authorities for the provision of water services, as provided for under the Water Services (No.2) Act 2013.

Section 70 of the Water Services Act 2007 places a duty of care on the owner of a premises to ensure that their waste water treatment systems are kept so as not to cause, or be likely to cause, a risk to human health or the environment, including waters, the atmosphere, land, soil, plants or animals, or create a nuisance through odours. The duty of care provisions have been augmented by the Water Services (Amendment) Act 2012 and associated regulations. In the case of local authority houses, repairs to domestic waste water treatment systems would be carried out by the local authority in their capacity as owner of the property. Irish Water has no responsibilities in such circumstances.

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