{"id":11943,"date":"2022-06-07T21:42:01","date_gmt":"2022-06-07T21:42:01","guid":{"rendered":"http:\/\/legalblog.ie\/?p=11943"},"modified":"2024-05-03T21:24:33","modified_gmt":"2024-05-03T21:24:33","slug":"sewers-background","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/sewers-background\/","title":{"rendered":"Sewers Background"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/sewers-background\/#Sanitary_Authorities\" title=\"Sanitary Authorities\">Sanitary Authorities<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/sewers-background\/#Sewers\" title=\"Sewers\">Sewers<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/sewers-background\/#Sewerage_System\" title=\"Sewerage System\">Sewerage System<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/sewers-background\/#Restrictions\" title=\"Restrictions\">Restrictions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/sewers-background\/#Requirements\" title=\"Requirements\">Requirements<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/sewers-background\/#Requiring_Connection\" title=\"Requiring Connection\">Requiring Connection<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/sewers-background\/#Defective_Systems\" title=\"Defective Systems\">Defective Systems<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/sewers-background\/#Nuisances\" title=\"Nuisances\">Nuisances<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/sewers-background\/#Enforcement\" title=\"Enforcement\">Enforcement<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/sewers-background\/2\/#Public_Health_Ireland_Act_1878\" title=\"Public Health (Ireland) Act 1878\">Public Health (Ireland) Act 1878<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/sewers-background\/2\/#16_Power_to_purchase_sewers\" title=\"\n16. Power to purchase sewers\">\n16. Power to purchase sewers<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/sewers-background\/2\/#18_Powers_for_making_sewers\" title=\"18. Powers for making sewers\">18. Powers for making sewers<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/sewers-background\/2\/#22_Map_of_system_of_sewerage\" title=\"22. Map of system of sewerage\">22. Map of system of sewerage<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/sewers-background\/2\/#29_Penalty_on_unauthorised_building_over_sewers_and_under_streets_in_urban_district\" title=\"29. Penalty on unauthorised building over sewers and under streets in urban district\">29. Penalty on unauthorised building over sewers and under streets in urban district<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/sewers-background\/2\/#33_Contribution_to_works_under_agreement_for_supply_or_distribution_of_sewage\" title=\"33. Contribution to works under agreement for supply or distribution of sewage\">33. Contribution to works under agreement for supply or distribution of sewage<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Sanitary_Authorities\"><\/span>Sanitary Authorities<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The public health legislation designates most councils as sanitary authorities. Town councils which were formerly Town Commissioner towns were not sanitary authorities.<\/p>\n<p>Most of the powers functions and responsibilities of sanitary authorities are now exercised by Irish Water. The legislation has been modernised.<\/p>\n<p>Sanitary authorities have full powers to receive store disinfect distribute and dispose of sewage. For such purposes that they may construct works, purchase, lease or use land and enter contracts for the provision of sewage services. Sanitary authorities may enter arrangements with other authorities for the for sewage disposal<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Sewers\"><\/span>Sewers<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>All present and future sewers are to be vested in the sanitary authority. A sewer is constituted when two or more separate buildings other those on a septic tank or cesspit are serviced.<\/p>\n<p>Certain other limited categories of sewers are excluded from being sewers which the sanitary authority owns and for which it is responsible. In particular, a combined drains which is a pipes serving a distinct and limited number of premises is excluded.<\/p>\n<p>Sanitary authorities have duty to provide and repair sewers. Sewers may be altered, discontinued, or expanded.<\/p>\n<p>They may lay a new sewer under land after giving the requisite notice to the occupiers. If property rights are affected, compensation may be payable.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Sewerage_System\"><\/span>Sewerage System<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Sanitary authorities must purify water before discharging it into a stream. They must keep sewers properly cleansed so as to they don&#8217;t become a nuisance or injurious to public health.<\/p>\n<p>Urban sanitary authorities must maintain a map of the sewerage systems. Rural sanitary authorities may do so. The map is to be available for public inspection.<\/p>\n<p>The owner or occupier of premises has a right to connect to the sewage system of the sanitary authority, subject to obtaining planning permission to do so. The conditions of connection are specified by the authority.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Restrictions\"><\/span>Restrictions<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>It is an offence to build a new house, rebuild a house without providing a sufficient water closet. The sanitary authority may require by notice that the owner or occupier of the house provides a sufficient water closet.<\/p>\n<p>Sanitary authorities have power to ensure all drains, water closets, sinks, lavatories and public conveniences within its district are constructed, ventilated and kept so as to not be a nuisance or injurious to health.<\/p>\n<p>It is an offence for a person within urban area to build over a sewer without the written consent of the authority. It is an offence to interfere with sewers or in a roadway or streets without consent.<\/p>\n<p>It is an offence to use a gutter for conveyance of foul sewage from a toilet. It is an offence to use any water pipe for purpose of conveying surface water as it drained or ventilation shaft for the drain.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Requirements\"><\/span>Requirements<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Local authorities have powers to inspect drains if they believed them to be defective, to be injurious or dangerous to health. Generally, consent or court order is required. If the drains are defective, the owner may be required to remediate them within the specified time. If the owner fails to do so, the local authority may undertake the works and recover the costs.<\/p>\n<p>The local authority may require a drain which is not connected, to be connected to the public sewer. The local authority surveyor must certify that the drain may properly be connected.<\/p>\n<p>The sanitary authority may require a domestic waste disposal facility serving any premises house which is used as a factory or for trade or business. The local authority may require the provision of toilets as are required. If the owner fails to comply with the requirements, the local authority may undertake the works and recover the cost.<\/p>\n<p>The local authority may require any septic tank or cesspits be filled or removed. They may require drains connecting it to be removed and destroyed. If the works are not done it may undertake works and recover the cost.<\/p>\n<p>The local authority may require the provision drains of the purpose of carrying off waste water. If the owner or occupier fails to comply with the requisite notice, it may undertake the works and recover the cost.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Requiring_Connection\"><\/span>Requiring Connection<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where the local authority has provided a public sewage system and it is of the opinion that premises is its district are not drained satisfactorily and are capable of being served by a sewage system by means of a connection within not more than 100 feet, it may require the owner to make the connection.\u00a0 A similar power is given where the premises do not have a satisfactory supply of water.<\/p>\n<p>The owners affected by notices may appeal to the District Court within a month.\u00a0 It may confirm or cancel the notice.<\/p>\n<p>The owner is obliged to complete the connection work.\u00a0 Where the connection requires bringing pipis through lands not owned by the owner, the local authority may be required to do the work.<\/p>\n<p>The local authority has power to provide or contribute to the cost of providing service pipes or water mains to a premises.\u00a0 Equally it may provide the cost of drainage pipes from any premises to the source. The above powers apply to connection to public&#8217;s water system and sewage systems.<\/p>\n<p>Where the local authority may not serve the notice because the sewage or water pipe system is over 100 feet away, the local authority may use its general powers to lay pipes from a source to bring the system to a point between 50 and a 100 feet from the premises.\u00a0 In the case, the local authority may be obliged to pay compensation to the owners affected by the works.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Defective_Systems\"><\/span>Defective Systems<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Local Government (Sanitary Services)Act 1948 deals with sewage and drainage of premises.\u00a0 Where the local authority believes that a sewage system or drainage system is defective or neglected or may become a nuisance or injurious to health, it may cause the system to be opened up and examined.\u00a0 It must give seven days&#8217; notice to the occupier of the land although it may act without notice in an emergency.<\/p>\n<p>If on examination the system is not defective, the local authority must make good any damage caused.\u00a0 If it is defective, faulty \u00a0or neglected, such \u00a0that works are necessary to repair or remove the nuisance, the local authority may carry out the works and recover the cost from the owner or occupier.\u00a0 It may recover the cost from the owners of various premises, affected who may be charged proportionately.<\/p>\n<p>The local authority may serve notices on premises which are not drained properly to the effect that it will proposes to make drainage order in respect of the premises. Similar provisions to those above apply.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Nuisances\"><\/span>Nuisances<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Various instances which make constitute a public nuisance are prohibited by the Public Health Act. These include:<\/p>\n<ul>\n<li>allowing stagnant water to remain in a dwelling house when required to remove it;<\/li>\n<li>allowing the contents of a water closet or cesspit to flow into the ground;<\/li>\n<li>keeping pigs in a dwelling house.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Enforcement\"><\/span>Enforcement<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where the sanitary authority fails to provide to adequate water or sewerage (where it is providing this service), a complaint may be made Department of the Environment. If the Department is satisfied that the authority is failed to provide and maintain adequate sewage system of water supply or enforce public health duties, the Department after holding an enquiry, may order the authority to do so.7<!--nextpage--><\/p>\n<h2>Public Health (Ireland) Act 1878<\/h2>\n<h4>\n16. Power to purchase sewers<\/h4>\n<p>Any sanitary authority may purchase or otherwise acquire from any person any sewer, or any right of making or of user or other right in or respecting a sewer (with or without any buildings works materials or things belonging thereto), within their district, and any person may sell or grant to such authority any such sewer right or property belonging to him; and any purchase money paid by such authority in pursuance of this section shall be subject to the same trusts (if any) as the sewer right or property sold was subject to.<br \/>\nBut any person who, previously to the purchase of a sewer by such authority, has acquired a right to use such sewer shall be entitled to use the same, or any sewer substituted in lieu thereof, to the same extent as he would or might have done if the purchase had not been made.<\/p>\n<h4>18. Powers for making sewers<\/h4>\n<p>Any sanitary authority may carry any sewer through, across, or under any road, or any street or place laid out as or intended for a street, or under any cellar or vault which may be under the pavement or carriageway of any street, and, after giving reasonable notice in writing to the owner or occupier into, through, or under any lands whatsoever within their district.<br \/>\nThey may also (subject to the provisions of this Act relating to sewage works without the district of the sanitary authority) exercise all or any of the powers given by this section without their district for the purpose of outfall or distribution of sewage.<\/p>\n<h4>22. Map of system of sewerage<\/h4>\n<p>Every urban sanitary authority shall, and any rural sanitary authority may, if they think fit, provide a map exhibiting the system of sewerage, if any, in their district; and such map shall be kept at their office, and shall be revised from time to time, and shall at all reasonable times be open to the inspection of the ratepayers of their district.<\/p>\n<h4>29. Penalty on unauthorised building over sewers and under streets in urban district<\/h4>\n<p>Any person who in any urban district, without the written consent of the urban authority,\u2014<br \/>\n(1) Causes any building to be newly erected over any sewer of the urban authority; or<\/p>\n<p>(2) Causes any vault, arch, or cellar to be newly built or constructed under the carriageway of any street,<\/p>\n<p>shall forfeit to the urban authority the sum of \u20ac6.35 [five pounds] and a further sum of \u20ac2.53 [forty shillings] for every day during which the offence is continued after a written notice in this behalf from the urban authority; and the urban authority may cause any building, vault, arch, or cellar, erected or constructed in contravention of this section to be altered, pulled down, or otherwise dealt with as they may think fit, and may recover in a summary manner any expenses incurred by them in so doing from the offender.<\/p>\n<h4>33. Contribution to works under agreement for supply or distribution of sewage<\/h4>\n<p>Where any sanitary authority agree with any person as to the supply of sewage and as to works to be made for the purpose of such. supply, they may contribute to the expense of carrying into execution by such person all or any of the purposes of such agreement, and may become shareholders in any company with which any agreement in relation to the matters aforesaid has been or may hereafter be entered into by such sanitary authority, or to or in which the benefits and obligations of such agreement may have been or may be transferred or vested.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-11943\" data-postid=\"11943\" class=\"themify_builder_content themify_builder_content-11943 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Sanitary Authorities The public health legislation designates most councils as sanitary authorities. Town councils which were formerly Town Commissioner towns were not sanitary authorities. Most of the powers functions and responsibilities of sanitary authorities are now exercised by Irish Water. The legislation has been modernised. Sanitary authorities have full powers to receive store disinfect distribute [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[114],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/11943"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=11943"}],"version-history":[{"count":12,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/11943\/revisions"}],"predecessor-version":[{"id":35842,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/11943\/revisions\/35842"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=11943"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=11943"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=11943"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}