I thank the Chairman for the opportunity to return to the committee to discuss the performance standards for domestic wastewater treatment systems which I am proposing to provide for in regulations made in accordance with the provisions of the Water Services (Amendment) Act 2012. The legislation was well-debated in both Houses and here with the committee and, in total, we spent more than 30 hours examining the legislation before it was enacted.
There are two main reasons for the implementation of the legislation which provides for a new system for the registration and inspection of domestic wastewater treatment systems, including septic tanks. The key objective is to enhance and protect public health and the environment which will, in turn, benefit rural dwellers in terms of a better quality of life and better quality water.
Implementation of the new system will also help to enhance Ireland's environmental reputation, with positive economic benefits for the tourism, recreation, agricultural and food-producing sectors, all of which rely on clean water. Good quality water can also be an important factor in helping to attract new inward investment to support and create employment in sectors such as pharmaceuticals and ICT.
The second reason for the legislation is to ensure compliance with the European Court of Justice ruling against Ireland in October 2009 in respect of the treatment of wastewater from septic tanks and other on-site wastewater treatment systems. The court found that by failing to adopt the necessary legislation to comply with Articles 4 and 8 of the EU waste directive as regards domestic wastewater disposed of in the countryside through septic tanks and other individual wastewater treatment systems, Ireland had failed to fulfil its obligations under that directive.
The early enactment of the legislation is a critical element in Ireland's defence against the imposition of fines by the court. The defence was filed on 3 February and the fact that the primary legislation had already been enacted at that time was received favourably by the European Commission. My officials have continued to liaise closely with the Commission regarding implementation of the legislation. I remind the committee of the implications of not implementing the legislation - the court could impose a lump sum penalty of almost €4 million and daily fines for continued non-compliance of up to €26,000.
The new legislation augments the provisions of the Water Services Act 2007, whereby owners of septic tanks and other on-site treatment systems must ensure that their systems do not cause a risk to human health or the environment. The basic standards to be met by an owner are set down in section 70C(1) of the 2012 Act, specifically that the system does not constitute a risk to human health or to the environment. The legislation also provides for the making of regulations to specify standards for performance, operation and maintenance of treatment systems, including desludging. During the debates on the passage of the legislation though the Oireachtas, a number of members expressed concerns that any regulations could potentially impose significant and unreasonable demands on owners of domestic wastewater treatment systems. At that time, I gave a commitment to publish the performance standards that I would be proposing for a public consultation in order that all interested parties could consider the consultation document and, if they had any comments, to make a submission. A consultation programme regarding the draft standards was launched on 1 March 2012 and concluded on 30 March 2012. In total, 165 submissions were received and these were subsequently reviewed by my Department and the EPA. As a result, a number of the proposals in the consultation document have been revised or deleted.
Following analysis of the submissions received, I redrafted the performance standards and it is my intention, following this meeting, to give the standards legal effect from today. I am certain committee members will agree that these standards are entirely reasonable and consistent with what owners should be doing as a matter of course to ensure that their systems are working properly. For example, the regulations will provide that there should be no leakage of effluent onto the ground or into nearby waters - no right-thinking person could disagree with this proposition.
I have also decided, arising from the submissions received, that the performance standards should avoid any provisions which could have potential health and safety requirements for owners. The regulations will require owners to ensure that rain or surface-water run-offs should not be allowed enter the treatment system because to allow such waters into the system would simply overwhelm the treatment system.
I do not consider it necessary to refer explicitly in the regulations to grey water as the existing definitions of wastewater in the Water Services Acts 2007 ensure that grey water is adequately addressed. I am aware that it is quite common in older properties to have some grey water discharged separately from the house to a soakaway. This situation is acceptable. In such cases, the owner's responsibilities regarding protection of human health and the environment will still apply and, in these cases, both the tank and the soakaway and the drain through which the grey water is discharged must be operated and maintained correctly.
The regulations will also address the requirements for the desludging of treatment systems. Householders should only have their system emptied by a permitted waste collector and the regulations will require that desludging is carried out at intervals appropriate to household occupancy and the tank's capacity.
The 2012 Act provides for payment of a registration fee which is intended to cover the costs of administration of the register by the water services authorities and of the inspections to be carried out. Householders can register their systems from today and a public information campaign, including details of how and when to register, will be rolled out.
On-line and written facilities for registration have been developed by the Local Government Management Agency on a shared service basis for the local authorities. The online facility is at protectourwater.ie and hard copies of the application forms are available from all local authority offices and from libraries and citizens information centres. Completed forms, and payment can be sent to a central processing bureau at Protect Our Water, PO Box 12204, Dublin 7. They can also be handed in at local authority offices.
The Act specifies that the maximum fee payable will be €50. However, in order to incentivise early registration, I gave a commitment that a reduced registration fee of €5 would apply for the first three months. The regulations provide that the €5 registration fee will apply to all those registering on or before 28 September. I encourage all owners of properties connected to domestic wastewater treatment systems to take advantage of the reduced fee payable for the next three months. The reduced fee provides an opportunity for householders who wish to comply with their obligations to do so at minimal cost. From 29 September next, a €50 fee will apply. The regulations also provide that owners should have registered their systems by 1 February 2013.
Inspections under the new legislation will commence in 2013 and will be based on a national inspection plan to be drawn up by the EPA. As the EPA has only recently commenced the process of preparing the inspection plan, no decisions have been made regarding the numbers or locations of inspections to be carried out, or the risk-based criteria to be used when targeting those inspections. I can confirm that there will be no charge for inspections.
Inspections will be carried out by the local authorities and they will be objective, evidence-based and aimed at identifying systems which are a risk to public health or the environment. Many rural people receive their water supply from their own well or they are members of group water schemes. They are more aware than most that poorly operated or maintained on-site systems can cause a serious risk to the health of their families and their neighbours. It is rural dwellers who stand to gain most from the identification and remediation of poorly operated or maintained systems.
If a septic tank or similar system is being operated and maintained properly, and by that I mean, that it is not causing pollution, no action will be necessary. Unless there is evidence of endangerment of human health or the environment, the system in place, irrespective of its age or type, will pass inspection. There is no question of applying new standards, for example those of the EPA's 2009 code of practice, to older on-site systems. There is certainly no question of forcing people to acquire additional land to accommodate remediation works or to apply for planning permission.
There is no doubt that remediation work to some on-site systems will be necessary. However, based on the experience in County Cavan, where over 3,000 inspections have taken place as a result of the by-laws in place in that county, this is likely to arise in only a limited number of cases. The extent of the remediation work and the timescale for completing it will depend on the precise nature of the problem and the extent of the risk to public health or the environment.
I have stated on a number of occasions that planning permission would not be required for remediation works arising from implementation of the new legislation. During our debates, I gave a commitment that this would be catered for through the planning code. I am pleased to report that my officials are putting in place the necessary exemptions before inspections begin. Officials from the Department of Arts, Heritage and the Gaeltacht are assisting so as to ensure that the exemptions provided will take account of the requirements of relevant EU directives on habitats required by Section 4(4)(a) and (b) of the Planning and Development Acts 2000-10.
I am very aware of householders' concerns that they may incur significant expense in repairing or upgrading their systems if they fail an inspection. I can assure householders that, as part of the inspection process, all options to resolve the problem will be explored so that the most appropriate and cost-effective solution can be identified, and that I am committed to keep under review all options to provide financial support to those whose systems are deemed, following an inspection, to require upgrading. As inspections will not begin until next year and as it is not possible to predict the future, it is not possible for me to make any commitments on potential grant assistance for owners whose systems might be found to require remediation. Any grants scheme that I might introduce in the future must have regard to the budgetary constraints under which we are operating and the financial circumstances of the households concerned.
Thank you, Chairman, and your members for your attention and for the opportunity to address the meeting today.
