Waste Water Systems

Background

The Water Services Amendment Act 2011 was enacted following a ruling from the European Court of Justice, which found the pre-existing Irish provisions invalid because they failed to comply with the State’s obligations under the waste directive regarding the disposal of wastewater to septic tanks. The legislation inserts new provisions regarding domestic waste water treatment systems.

Domestic wastewater treatment systems cover most septic tanks and on-site wastewater treatment systems in Ireland. They also cover systems for disposing of domestic wastewater and all drains associated with such tanks or systems.

Register of Treatment Systems

Each water services authority must maintain a register of treatment systems in its area. An owner of a premises connected to the system must apply to the authority to register the treatment system. The date is specified in ministerial regulations.

Certification is issued to confirm registration.  Registration is valid for five years.  The applicant must apply to renew registration. From time to time, the water services authority reviews the register and updates any errors or changes required.

The EPA may direct the water services authority regarding the format of registers. The Register shall contain details of systems used, details of systems subject to inspection, details of advisory notices issued, details of applications for re-inspection, details of any prosecution brought for noncompliance, and other information as may be specified.

An authorised officer of the water services authority may request the production of a valid certificate of registration for a domestic waste water system.  It is an offence for an owner to fail to produce a valid certificate of registration within 10 days of request.

Obligations of Owner

Owners of premises are subject to the obligation to ensure that the on-site wastewater treatment system is maintained in a manner that does not cause a risk to human health and the environment.  An owner must comply with regulations made in relation to domestic wastewater systems.

Systems must be maintained so that they do not pose a risk to human health or the environment.  In particular, they must not cause a risk to water, air, soil, plants, and animals, cause nuisance to owners or cause pollution to the countryside.  It is an offence to fail to comply with the requirement.

A person who sells premises served  by a domestic treatment system must supply evidence of registration to the purchaser.  A purchaser of premises served must notify the relevant water services authority of the change in ownership.  The register must be updated.

Enforcement

The EPA may appoint inspectors of treatment systems. Persons may apply to be appointed. A person may be appointed as an inspector if they hold prescribed professional and technical qualifications, complete the prescribed course, hold professional indemnity insurance and] comply with other requisite requirements.

There is provision for refusal of appointment and revocation of appointment.  There is provision for due process and for an appeal, appel to appeals officer as constituted for the purpose of the legislation.

It is an offence to act as an inspector for person who is not duly appointed as such. A register of inspectors is to be maintained.

Inspectors have the power to examine treatment systems and take samples, take photographs, examine the subsoil and soil, obtain information and inspect records.

An inspector may not enter a private dwelling house without the consent of the occupier.  If notice of inspection has been given, it is an offence for a person to prevent the inspector from entering a premises or obstruct or impede an inspector in carrying out his duties.

It is an offence to provide false or misleading information regarding a treatment system to an inspector,  the EPA or the water services authority.  The inspectors may be accompanied by the officers of the Water Services Authority or the EPA.

Inspectors may carry out inspections of domestic wastewater systems as requested by the EPA or water services authority.  Inspections are to be based on a national inspection plan formulated as below.  Owners are to be advised of the results of inspection.

Advisory Notice

Where the water services authority receives information that a treatment system is causing or is likely to cause a risk to human health or the environment, it must issue an advisory notice to the owner within 20 days.  It is stated that the water services authority considers the system to be so for stated reasons. It is to direct the owner to take the necessary remedial steps with the timeframe specified.

Failure to implement the required steps is an offence. There is provision for an appeal against the notice.  A re-inspection is undertaken. It may confirm or vary the provision of the original advisory notice.

There is an appeal to the District Court by a person aggrieved by the advisory notice after re-inspection.

EPA

The EPA supervises certain aspects of the water services authority’s (now Irish Water’s) function.  It may issue directions to ensure that they carry out functions under the legislation effectively.

The EPA may direct the authority to maintain records regarding registrations, inspections, advisory notices, and prosecution.  They may be required to be submitted to the EPA.  The EPA is required to keep records in its supervisory capacity.  They may cover how inspections are to be carried out, time frame for remedial works and information to be kept regarding inspection.

The EPA is to prepare a national inspection plan regarding inspection of domestic water treatment system. Legislation set out matters to which the EPA must have regard in drawing up the plan.  The plan may be revised from time to time.  Water services authority will be obliged to give effect to the plan. The Minister may make regulations for the purpose of legislation.

Offences

The legislation contains a number of offences. A number of offences are subject to prosecution summarily with a class A fine.  This includes the following offences.  Failure to produce a valid certificate of registration, failure of onus to comply with duties in respective treatments, offences by inspectors, obstruction of inspectors, failure to comply with advisory notice.

The water services authority itself may be subject to penalties and fines up to €50,000 for breach of its obligations.

The Water Services Amendment Act 2011 was enacted following a ruling from the European Court of Justice which found the pre-existing Irish provisions invalid because it  failed to comply with the State’s  obligations under the waste directive regarding disposal of waste waters to  septic tanks.

Domestic Systems

The legislation inserts new provisions regarding domestic waste water treatment systems. Domestic waste water treatment systems cover most septic tanks and onsite waste water treatment systems which exist in Ireland.  It also cover systems for disposing of domestic waste water and all drains associated with such tanks or systems.

Each water services authority must maintain a register of treatment systems in its area.  An owner of a premises connected to the system must apply to the authority to have the treatment system registered.  The date is specified in ministerial regulations.

Certification is issued to confirm registration.  Registration is valid for five years.  The applicant must apply to renew registration.

From time to time, the water services authority reviews the register and updates any errors or changes required.

Certificate of Registration

An authorised officer of the water services authority may request the production of a valid certificate of registration for a domestic wastewater system.  It is an offence for an owner to fail to produce a valid certificate of registration within 10 days of request.

Owners of premises are subject to obligation so as to ensure that the on-site waste water treatment system is maintained in a manner that does not cause a risk to human health and the environment.  An owner must comply with regulations made in relation to domestic wastewater systems.

Systems must be maintained so that they do not pose a risk to human health or the environment.  In particular, they must not cause a risk to water, air, soil, plants, and animals, cause nuisance to owners or cause pollution to the countryside.  It is an offence to fail to comply with the requirement.