Appropriate measures to ensure that waste, which includes wastewater from septic tanks and proprietary waste systems, is recovered or disposed of without endangering human health and without using processes that could harm the environment, have necessarily been taken by my Department in order to address a recent ECJ judgment (C188/08) which found that Ireland was in breach of Article 4 of the EU Waste Directive (2006/12/EC). Implementation of the Environmental Protection Agency's (EPA) new Code of Practice on Wastewater Treatment and Disposal Systems Serving Single Houses which was published in October 2009 is a key measure in this regard.
The Code of Practice sets out comprehensive requirements in relation to the design, installation and maintenance of on-site wastewater systems. My Department issued a circular letter to planning authorities in January 2010 regarding implementation of the EPA's new Code of Practice.
Elements of the Code of Practice relevant to building control have also been provided for in the recently published Technical Guidance Document to Part H (Drainage and Waste Water Disposal) of the Building Regulations as amended by the Building Regulations (Part H Amendment) Regulations 2010 (S.I. No. 561 of 2010).
In this regard, the EPA Code of Practice lays down the technical standards to comply with Ireland's duty of care under Article 4 of the Waste Directive, but in particular to ensure that the disposal of waste via wastewater systems for single dwellings does not give rise to public nuisance, health risk or damage to the natural environment. There is no provision in the Directive for a derogation from the requirements of Article 4.
While the Code of Practice may pose engineering and planning challenges in certain parts of the country where soil and geological conditions create very difficult drainage conditions, it also sets out a number of potential technical solutions. These include innovative designs of proprietary wastewater treatment systems, and the consideration of discharges other than to sodden or otherwise unsuitable ground conditions, that can be used to ensure that development on suitable sites can proceed while protecting the environment.
The EPA under the STRIVE research programme, is also evaluating a number of potential technical responses to sites with difficult drainage conditions, my Department will be monitoring this research and the work of local authorities in implementing the EPA manual more generally and will be reporting back to me.
My Department will therefore continue to work proactively with local authorities in ensuring that the planning system takes proper account of river basin management plans, water quality legislation and new technology in assessing the on-site wastewater treatment and disposal system aspect of proposals for housing that are needed to meet the needs of rural communities.