Water Services (Amendment) Act 2012
Background
The Water Services (Amendment) Act 2012 provides for the introduction of a registration and inspection system for domestic wastewater treatment systems. It has been introduced to address the European Court of Justice ruling against Ireland in October 2009 and, even more importantly, to protect ground and surface water quality (particularly drinking water sources) from the risks posed by malfunctioning systems.
Registration
Owners of domestic wastewater treatment systems will be required to register their systems with their water services authority. A modest registration fee, which will be set at €5 for the first three months of the registration period and €50 thereafter, is payable to cover the costs of administration by the water services authorities and of the risk-based inspections to be carried out. It is not yet possible to register. Details of how and when to register will be publicised in due course. There will be an online registration system and also a facility for written registration. It is expected that the registration system will be in place by mid April 2012 and a generous period of time, likely to be up to 12 months, will then be available for householders to comply with the requirement to register.
Inspections and performance standards
The new legislation has been framed to minimise the impact on householders and there will be no inspection charge. Section 70 of the Water Services Act 2007 already places a duty of care on the owner of a premises to ensure that their treatment systems does not cause a risk to human health or the environment or create a nuisance through odours. The new legislation augments the existing purity of care provisions. With regard to standards, the basic standard to be met by all domestic wastewater treatment systems is specified in the legislation; that is, that they do not cause a risk to human health or the environment. The legislation provides for the making of regulations concerning performance standards, including maintenance and desludging requirements, and a public consultation was launched on 1st March regarding the draft regulations. The consultation documents are available on the department's website and submissions are being accepted until 30th March.
Inspections will be objective and evidence based. Householders can be assured that if their systems are working properly and are being maintained, they need not be concerned. There will be a proportionate and risk-based approach to inspections which will be targeted towards areas where drinking water sources or habitats are at risk from septic tank discharges.
There is no question of imposing modern standards, for example those set out in the EPA's 2009 Code of Practice, to older systems, nor is there any question of householders having to acquire additional land to facilitate remediation work. Where an onsite system fails an inspection, the remediation work required will be based on factors such as the nature of the problem, the extent of risk to public health or the environment, existing site size and the hydrological and geological conditions present.
Financial assistance
All possible options to provide financial support to householders whose systems are deemed, following inspection, to require remediation or upgrading will be kept under review pending the commencement of inspections. The position regarding the extent of problems with domestic wastewater treatment systems and costs of remediation will then be clearer. Any grant scheme introduced will have to have regard to the overall budgetary situation and the financial position of the individual households concerned.
Important note
As stated above, it is not possible to register yet so no fees are payable at present. Inspections under the new legislation will probably not commence until 2013 and details will be made available at that time in the national and local media. Householders should take care not to allow uninvited persons or persons claiming to be septic tank inspectors to enter onto their property in advance of the launch of inspections. Householders will be formally notified by their local authority if their domestic wastewater treatment system is to be inspected and inspectors will be required to carry identification and to present this on request to householders.
Further information
Water Services (Amendment) Act 2012
Environmental Protection Agency