Local authorities have a general responsibility for the monitoring, management and improvement of water quality. The Environmental Protection Agency (EPA) is the statutory body for investigating complaints of pollution and for the enforcement, both directly and through oversight of local authorities, of environmental legislation in Ireland.
The design and installation of wastewater treatment systems for single houses is addressed in the EPA Code of Practice in respect of Wastewater Treatment and Disposal Systems Serving Single Houses (2009). In January 2010, my Department issued comprehensive guidance to all planning authorities regarding the implementation of the EPA’s 2009 Code. The Circular is available to view on my Department’s website. It is Circular Letter PSSP1/10.
Part H (Drainage and Wastewater Disposal) of the Building Regulations and its accompanying Technical Guidance Document H (TGD H 2010) were published in the latter half of 2010 to reflect the relevant parts of the EPA’s Code of Practice. It was amended in 2016 to reference Standard Recommendation 66 which contains the national requirements for products tested to the European standards EN 12566 series and which was developed by the National Standards Authority of Ireland (NSAI) in conjunction with my Department. TGD H 2016 further stipulates that the design and commissioning of wastewater treatment systems should be carried out and/or supervised by a suitably qualified person and that the owner of the building should be provided with sufficient, clear and comprehensive information on any continuing maintenance required to facilitate the effective operation of the system in order to protect human health and the environment.
I consider that the legal requirements of Part H of the Building Regulations as amended in 2016, including the requirement that wastewater treatment systems be designed and commissioned by a suitably qualified person, is sufficient to ensure appropriate protection in this matter.
In addition, under Section 70 of the Water Services Act 2007, as amended, all owners of domestic wastewater treatment systems are required to register their systems with the water services authority in whose functional area the systems are located. The legislation provides that when selling the property, the vendor is required to furnish the purchaser of the property with a Certificate of Registration on completion of the sale.
This certificate will confirm that the domestic wastewater treatment system has been registered. The purchaser is obliged under Section 70D(2) to notify the relevant water services authority, on completion of the sale, of the change of ownership so that the water services authority can update its register of domestic waste water treatment systems accordingly.
