Water Services Training
Group
15th Annual Conference
Water Services in Ireland –
Organisational modernisation
and new challenges
13th October 2011
Annual Conference October 2011
Waste Water Treatment & Disposal
Systems for Single Houses
A new Regime – What will it involve?
Gerry Galvin
Principal Adviser (Water)
DECLG
Annual Conference October 2011
ECJ Case
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October 2009, ECJ ruled that Ireland
had failed to comply with the Waste
Directive regarding domestic waste
waters disposed of through individual
waste water treatment systems
Consequence for failing to address
the Judgment – Lump Sum Penalty
of €2.7m plus daily fines of €26,000
per day (> €9.5m per annum)
Annual Conference October 2011
ECJ ruling
The Directive requires that waste is
recovered or disposed of without
endangering human health or harming the
environment, and in particular:
• without risk to water, air, soil and plants and
animals,
• without causing a nuisance through noise or
odours,
• without adversely affecting the countryside or
places of special interest.
ECJ Ruling
Article 8 of Directive 75/442:
‘Member States shall take the necessary
measures to ensure that any holder of waste:
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has it handled by a private or public waste
collector or by an undertaking which carries out
the operations listed in Annex II A or B, or
recovers or disposes of it himself in accordance
with the provisions of this Directive.’
OSWTS
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Multi-sectoral response required e.g.
water policy, quality, planning &
building control within DECLG
Working group set up with reps from
these sections to advise on coordinated response
ECJ ruling
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Ireland’s defence - argued that domestic
waste waters not covered by the Waste
Directive
Cited body of existing legislation including
Public Health Acts, Water Pollution Acts,
Building Control Acts and Regulations,
Planning and Development Acts and Water
Services Act
ECJ ruling - response
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ECJ did not accept Ireland’s defence
Court noted that bye-laws in County
Cavan meet the requirements of the
directive
Would bye-laws in every county be
the appropriate response?
ECJ Ruling - response
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Key features of the Cavan bye-laws:
Apply to all systems (old and new)
Set standards – compliance with EPA
manual
Provide for periodic inspection by a
competent person (7 years)
Provide for remedial works and establish
penalties for non-compliance
Task Force
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Working Group extended to include CCMA
& EPA
Advise in respect of legislation required
Advise on development of Performance
Standards
Advise on Training Needs for inspection
regime
National Rural Water Committee added in
2010
ECJ Ruling - response
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Discussions with legal advisers & EU
Commission
Not considered practical for compliance to
be pursued through the adoption of byelaws by all the other local authorities.
To ensure uniform standards it was
proposed to take a national approach to
this issue.
Implications for Households
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Census 2006 – 441,000 households served by a
septic tank or other on-site treatment system
Water Services Act 2007 places a duty of care on
the occupier of a premises or, if unoccupied, the
owner, to ensure that waste water from the
premises does not cause nuisance or risk to
human health or the environment.
EPA Code of Practice – recommends annual desludging and regular, ongoing maintenance
Ireland’s Response
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Performance standards – to apply to all
systems
Establish a robust system for monitoring
and assessment
Consultations with the key stakeholders
Prepare legislation and submit to
Government
Ongoing dialogue with EU Commission
International Practice Review
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Northern Ireland – c. 120,000
Scotland – c. 150,000
Finland – c. 300,000
Czech Republic – c. 150,000
Stakeholder Consultation
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190 bodies invited to participate by issue of
questionnaire
Environmental Groups
Industry
Local Authorities
Government Departments
Professional Bodies
State Agencies
52 responses received
Intended to publish all submissions later this year
Proposed Regime
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Owners required to register OSWTS
Local authorities to maintain register with
EPA holding a national register
On-line registration is being developed
Facility also for paper registration
Registration fee of €50
Registration to be valid for 5 years
Registration process will commence in
2012
Inspection Regime
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EPA to draw up national inspection
plan
Plan to be proportionate and riskbased
Targeted to areas where drinking
water sources or habitats are likely
to be, or have been, impacted upon
by discharges from OSWTS
Inspection Regime
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E.g. Inspections
• 1% = 5,000 per annum
• 2% = 10,000 per annum
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Will target both registered and
unregistered OSWTS
EPA approved Inspectors
Competency criteria for Inspectors
will be specified in Regulations
Inspections will commence in 2013
Inspections
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Improved maintenance
Remediation
Upgrading
Possible options for financial support
will be considered in context of
overall budgetary situation and
financial position of individual
households
Legislation
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New Bill will be published in next few
weeks with full details
Following enactment, new
Regulations to put in place to
commence the regime
Training programme for inspectors is
being developed in conjunction with
WSTG