Water and Sewerage Schemes

Dáil Éireann Debate, Wednesday - 21 February 2018

Wednesday, 21 February 2018

Questions (213, 216)

Róisín Shortall

Question:

213. Deputy Róisín Shortall asked the Minister for Housing, Planning and Local Government further to Parliamentary Question No. 768 of 6 February 2018, the work in his Department to deal with the problem of residents that live in an end of terrace home in which the private sewage line for a group of houses ends and such residents are continually faced with the problem and expense of having blockages in the line dealt with; if the attention has been drawn to the burden the lack of legislation in this area places upon such persons, the tensions this causes between neighbours and the frequent public health risks that arise in circumstances in which disputes arise; the grants available to persons to deal with such expenses; and if he will make a statement on the matter. [8907/18]

Róisín Shortall

Question:

216. Deputy Róisín Shortall asked the Minister for Housing, Planning and Local Government the powers available to State bodies to take enforcement action against a person that fails to take steps to resolve a sewage leak emanating from their property onto a public footpath or roadway; the State bodies that have such enforcement powers; the specific legal provisions under which enforcement action can be taken; and if he will make a statement on the matter. [9008/18]

Written answers

Minister for Housing, Planning and Local Government

I propose to take Questions Nos. 213 and 216 together.

The Water Services Act of 2007 sets down the obligations and responsibilities of water services authorities and property owners in respect of wastewater infrastructure. Section 70 places a general duty of care on the owner or occupier of a premises to ensure that wastewater from the premises does not cause nuisance or risk to human health or the environment and to refrain from putting anything into a drainage system that would block or damage it.  It also provides a means of redress through the courts for a water services authority (i.e. a county or city council with a statutory function in relation to water services and, pursuant to section 7 of the Water Services (No. 2) Act 2013, Irish Water) or any person affected by a breach of duty of care by a third party.   

Section 8 of the Act of 2007 gives a water services authority the power to prosecute offences under the Act, including an offence under section 70.

While the legal position is set out in the Act of 2007, I recognise the importance of local authorities and Irish Water working together in setting out clearly the responsibilities of Irish Water and property owners in relation to water supply and waste water infrastructure.  My Department is engaging with Irish Water and local authorities in this regard.