Mattie McGrath (Tipperary, Independent)
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344. To ask the Minister for Housing, Planning, and Local Government if the Government carried out a review of the service level agreement between Irish Water and local authorities to provide a statutory mandate to Irish Water to repair and restore combined drains systems that were previously under the remit of local authorities, as agreed by Dáil Éireann by way of a Private Members' motion on water services; the outcome of this review; if a new service level agreement has been put in place; if Irish Water will repair and restore combined drains; and if he will make a statement on the matter. [55610/22]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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The water services authority (Irish Water, since 2014) is legally responsible for water services infrastructure extending from a waste water works to the curtilage of a private property. Responsibility for waste water drainage pipes located within the boundary of a property rests with the owner of the property, in line with sections 43, 54 and 70 of the Water Services Act, 2007.

The above arrangements also applied when local authorities held responsibility for public water services prior to the establishment of Irish Water. Local authorities typically own a range of properties including offices, housing and other buildings relevant to their functional responsibilities, and may therefore continue to be responsible for pipework located within the curtilage of their own properties.

Having considered these matters in conjunction with Irish Water and the local government sector, my Department is of the view that the legal arrangements set our under the Water Services Act remain appropriate.

It may also be helpful to note that section 70 of the Act places a general duty of care on the owner or occupier of a premises to ensure that wastewater does not cause nuisance or risk to human health or the environment. The water services authority or any person affected by a failure of a third party to honour this obligation has recourse to the District Court in relation to a breach of the duty of care under section 70 once they have notified the third party in advance of their intention to make such a complaint. A prescribed form of notice of such complaint is available for general use under S.I. No. 141 of 2009.