asked the Minister for the Environment the present minimum distance in the Dublin County Council area, between any proposed septic tank and any existing tank, in yards; the date on which this distance was last determined and the previous distance; and if he will investigate the refusal of bye-law permission to an individual (details supplied) in Dublin, on the grounds that his proposed septic tank is not far enough away from an existing septic tank despite the fact that the distance exceeded the minimum at the date of the original application; and if any appeal lies to his Department from a decision of the Dublin County Council in this matter.
Written Answers. - Septic Tank Distances.
168.
Under their building bye-laws, Dublin County Council are, where main sewerage facilities are not available, empowered to allow the siting of septic tanks in a position where in the opinion of the chief medical officer the effluent from such tank would not be likely to be injurious to public health. There is provision in the bye-laws to give waivers to the requirements of any of their building bye-laws or dispense with compliance with them where they consider that their operation would be unreasonable in any particular case. There is no provision for appeal to my Department but appeals against decisions made by sanitary authorities under building bye-laws may be made to a court of summary jurisdiction.
I understand that the application which is the subject of this question is in respect of a dwelling to be built in an area where there are a number of existing dwellings with existing septic tanks and that the normal county council requirement of a distance of 200 feet between tanks in such circumstances cannot be met. I am advised that this requirement has been in operation for more than ten years. I also understand, however, that the application is to be given further consideration with a view to ascertaining whether it could be made acceptable for approval.