Water Services Training Group

Annual Conference October 2011

Water Services Training Water Services Training GroupGroup

1515thth Annual Conference Annual Conference

Water Services in Ireland – Water Services in Ireland –

Organisational modernisation Organisational modernisation

and new challengesand new challenges

1313thth October 2011 October 2011

Annual Conference October 2011

Waste Water Treatment & Disposal Waste Water Treatment & Disposal Systems for Single Houses Systems for Single Houses

A new Regime – What will it involve?A new Regime – What will it involve?

Gerry GalvinGerry Galvin

Principal Adviser (Water)Principal Adviser (Water)

DECLG DECLG

ECJ CaseECJ Case

October 2009, ECJ ruled that Ireland October 2009, ECJ ruled that Ireland had failed to comply with the Waste had failed to comply with the Waste Directive regarding domestic waste Directive regarding domestic waste waters disposed of through individual waters disposed of through individual waste water treatment systemswaste water treatment systems

Consequence for failing to address Consequence for failing to address the Judgment – Lump Sum Penalty of the Judgment – Lump Sum Penalty of €2.7m plus daily fines of €26,000 per €2.7m plus daily fines of €26,000 per day (> €9.5m per annum) day (> €9.5m per annum)

Annual Conference October 2011

ECJ rulingECJ ruling

The Directive requires that waste is The Directive requires that waste is recovered or disposed of without recovered or disposed of without endangering human health or harming the endangering human health or harming the environment, and in particular:environment, and in particular:• without risk to water, air, soil and plants and without risk to water, air, soil and plants and

animals,animals,• without causing a nuisance through noise or without causing a nuisance through noise or

odours,odours,• without adversely affecting the countryside or without adversely affecting the countryside or

places of special interest.places of special interest.

ECJ RulingECJ Ruling

Article 8 of Directive 75/442:Article 8 of Directive 75/442:‘‘Member States shall take the necessaryMember States shall take the necessarymeasures to ensure that any holder of waste:measures to ensure that any holder of waste:

has it handled by a private or public waste has it handled by a private or public waste collector or by an undertaking which carries out collector or by an undertaking which carries out the operations listed in Annex II A or B, orthe operations listed in Annex II A or B, or

recovers or disposes of it himself in accordance recovers or disposes of it himself in accordance with the provisions of this Directive.’with the provisions of this Directive.’

OSWTSOSWTS

Multi-sectoral response required e.g. Multi-sectoral response required e.g. water policy, quality, planning & water policy, quality, planning & building control within DECLGbuilding control within DECLG

Working group set up with reps from Working group set up with reps from these sections to advise on co-these sections to advise on co-ordinated responseordinated response

ECJ rulingECJ ruling

Ireland’s defence - argued that domestic Ireland’s defence - argued that domestic waste waters not covered by the Waste waste waters not covered by the Waste DirectiveDirective

Cited body of existing legislation including Cited body of existing legislation including Public Health Acts, Water Pollution Acts, Public Health Acts, Water Pollution Acts, Building Control Acts and Regulations, Building Control Acts and Regulations, Planning and Development Acts and Water Planning and Development Acts and Water Services ActServices Act

ECJ ruling - responseECJ ruling - response

ECJ did not accept Ireland’s defenceECJ did not accept Ireland’s defence Court noted that bye-laws in County Court noted that bye-laws in County

Cavan meet the requirements of the Cavan meet the requirements of the directivedirective

Would bye-laws in every county be Would bye-laws in every county be the appropriate response?the appropriate response?

ECJ Ruling - responseECJ Ruling - response

Key features of the Cavan bye-laws:Key features of the Cavan bye-laws:

Apply to all systems (old and new)Apply to all systems (old and new)Set standards – compliance with EPA Set standards – compliance with EPA

manualmanualProvide for periodic inspection by a Provide for periodic inspection by a

competent person (7 years)competent person (7 years)Provide for remedial works and establish Provide for remedial works and establish

penalties for non-compliancepenalties for non-compliance

Task ForceTask Force

Working Group extended to include CCMA Working Group extended to include CCMA & EPA& EPA

Advise in respect of legislation requiredAdvise in respect of legislation required Advise on development of Performance Advise on development of Performance

StandardsStandards Advise on Training Needs for inspection Advise on Training Needs for inspection

regimeregime National Rural Water Committee added in National Rural Water Committee added in

20102010

ECJ Ruling - responseECJ Ruling - response

Discussions with legal advisers & EU Discussions with legal advisers & EU CommissionCommission

Not considered practical for compliance to Not considered practical for compliance to be pursued through the adoption of bye-be pursued through the adoption of bye-laws by all the other local authorities. laws by all the other local authorities.

To ensure uniform standards it was To ensure uniform standards it was proposed to take a national approach to proposed to take a national approach to this issue. this issue.

Implications for HouseholdsImplications for Households

Census 2006 – 441,000 households served by a Census 2006 – 441,000 households served by a septic tank or other on-site treatment systemseptic tank or other on-site treatment system

Water Services Act 2007 Water Services Act 2007 places a duty of care on places a duty of care on the occupier of a premises or, if unoccupied, the the occupier of a premises or, if unoccupied, the owner, to ensure that waste water from the owner, to ensure that waste water from the premises does not cause nuisance or risk to premises does not cause nuisance or risk to human health or the environment. human health or the environment.

EPA Code of Practice – recommends annual de-EPA Code of Practice – recommends annual de-sludging and regular, ongoing maintenancesludging and regular, ongoing maintenance

Ireland’s ResponseIreland’s Response

Performance standards – to apply to all Performance standards – to apply to all systemssystems

Establish a robust system for monitoring Establish a robust system for monitoring and assessmentand assessment

Consultations with the key stakeholdersConsultations with the key stakeholders Prepare legislation and submit to Prepare legislation and submit to

GovernmentGovernment Ongoing dialogue with EU CommissionOngoing dialogue with EU Commission

International Practice ReviewInternational Practice Review

Northern Ireland – c. 120,000Northern Ireland – c. 120,000 Scotland – c. 150,000Scotland – c. 150,000 Finland – c. 300,000Finland – c. 300,000 Czech Republic – c. 150,000 Czech Republic – c. 150,000

Stakeholder ConsultationStakeholder Consultation 190 bodies invited to participate by issue of 190 bodies invited to participate by issue of

questionnairequestionnaire Environmental GroupsEnvironmental Groups IndustryIndustry Local AuthoritiesLocal Authorities Government DepartmentsGovernment Departments Professional BodiesProfessional Bodies State AgenciesState Agencies

52 responses received52 responses received Intended to publish all submissions later this yearIntended to publish all submissions later this year

Proposed RegimeProposed Regime

Owners required to register OSWTSOwners required to register OSWTS Local authorities to maintain register with Local authorities to maintain register with

EPA holding a national registerEPA holding a national register On-line registration is being developed On-line registration is being developed Facility also for paper registrationFacility also for paper registration Registration fee of €50Registration fee of €50 Registration to be valid for 5 yearsRegistration to be valid for 5 years Registration process will commence in Registration process will commence in

2012 2012

Inspection RegimeInspection Regime

EPA to draw up national inspection EPA to draw up national inspection planplan

Plan to be proportionate and risk-Plan to be proportionate and risk-basedbased

Targeted to areas where drinking Targeted to areas where drinking water sources or habitats are likely water sources or habitats are likely to be, or have been, impacted upon to be, or have been, impacted upon by discharges from OSWTSby discharges from OSWTS

Inspection RegimeInspection Regime

E.g. Inspections E.g. Inspections • 1% = 5,000 per annum1% = 5,000 per annum• 2% = 10,000 per annum2% = 10,000 per annum

Will target both registered and Will target both registered and unregistered OSWTSunregistered OSWTS

EPA approved InspectorsEPA approved Inspectors Competency criteria for Inspectors Competency criteria for Inspectors

will be specified in Regulationswill be specified in Regulations Inspections will commence in 2013Inspections will commence in 2013

InspectionsInspections

Improved maintenanceImproved maintenance RemediationRemediation UpgradingUpgrading Possible options for financial support Possible options for financial support

will be considered in context of will be considered in context of overall budgetary situation and overall budgetary situation and financial position of individual financial position of individual householdshouseholds

LegislationLegislation

New Bill will be published in next few New Bill will be published in next few weeks with full detailsweeks with full details

Following enactment, new Following enactment, new Regulations to put in place to Regulations to put in place to commence the regimecommence the regime

Training programme for inspectors is Training programme for inspectors is being developed in conjunction with being developed in conjunction with WSTGWSTG