On the 3rd of November 2011, the Government introduced the Water Services Amendment Bill 2011. This is to be enacted as a matter of priority to avoid fines from Europe for failure to implement the European Waste Directive.
The Bill provides that owners of premises connected to a domestic wastewater treatment system/septic tank would be required to register their system with the Water Services Authority in their area, which for many readers would be Clare County Council.
A registration fee of €50 shall be payable, and owners will be required to re-register every five years. The register will be available for public inspection, and failure to register will be an offense.
One of the most critical aspects of the Bill is that homeowners would be required to bring their system up to a standard according to an Advisory Notice where it is found to pose a risk to human health or the environment. The homeowner may appeal the Advisory Notice to the Water Services Authority for a fee of €200.
The re-inspection fee is fully refundable if the Advisory Notice is canceled as a result of the re-inspection. It is hard to estimate the potential exposure of householders to costs arising out of the Advisory Notice, but they could be significant. In cases where a system has been poorly designed or installed, homeowners may seek to recover their costs from the builder/system installer or the person who carried out the survey.
One of the main arguments of those opposed to the registration system is that the registration fee will unfairly impact rural households. However, there is a solid legal basis for charging households with septic tanks. While the registration charge will impact only those households with individual wastewater treatment systems, it appears likely that urban dwellers connected to the public wastewater system will ultimately be required to pay for their share once domestic water charges are introduced.
If you have any questions or comments about the content of this article, then please get in touch with Joe Considine, Partner, Hassett Considine, Solicitors, 9 Carmody Street Business Park, Carmody Street, Ennis, Co. Clare.
