1. Annual Conference October 2011 Water Services Training Group 15 th Annual Conference Water Services in Ireland – Organisational modernisation and new challenges 13 th October 2011

2. 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

3. ECJ Case  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

4. 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 risk to water, air, soil and plants and animals, without causing a nuisance through noise or odours,without causing a nuisance through noise or odours, without adversely affecting the countryside or places of special interest.without adversely affecting the countryside or places of special interest.

5. ECJ Ruling Article 8 of Directive 75/442: ‘Member States shall take the necessary measures to ensure that any holder of waste: 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 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.’ recovers or disposes of it himself in accordance with the provisions of this Directive.’

6. OSWTS Multi-sectoral response required e.g. water policy, quality, planning & building control within DECLG 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 co- ordinated response Working group set up with reps from these sections to advise on co- ordinated response

7. ECJ ruling Ireland’s defence - argued that domestic waste waters not covered by the Waste Directive 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 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

8. ECJ ruling - response ECJ did not accept Ireland’s defence ECJ did not accept Ireland’s defence Court noted that bye-laws in County Cavan meet the requirements of the directive Court noted that bye-laws in County Cavan meet the requirements of the directive Would bye-laws in every county be the appropriate response? Would bye-laws in every county be the appropriate response?

9. ECJ 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 manual Set standards – compliance with EPA manual Provide for periodic inspection by a competent person (7 years) Provide for periodic inspection by a competent person (7 years) Provide for remedial works and establish penalties for non-compliance Provide for remedial works and establish penalties for non-compliance

10. Task Force Working Group extended to include CCMA & EPA Working Group extended to include CCMA & EPA Advise in respect of legislation required Advise in respect of legislation required Advise on development of Performance Standards Advise on development of Performance Standards Advise on Training Needs for inspection regime Advise on Training Needs for inspection regime National Rural Water Committee added in 2010 National Rural Water Committee added in 2010

11. ECJ Ruling - response Discussions with legal advisers & EU Commission Discussions with legal advisers & EU Commission Not considered practical for compliance to be pursued through the adoption of bye- laws by all the other local authorities. Not considered practical for compliance to be pursued through the adoption of bye- laws by all the other local authorities. To ensure uniform standards it was proposed to take a national approach to this issue. To ensure uniform standards it was proposed to take a national approach to this issue.

12. Implications for Households Census 2006 – 441,000 households served by a septic tank or other on-site treatment system 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. 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 de- sludging and regular, ongoing maintenance EPA Code of Practice – recommends annual de- sludging and regular, ongoing maintenance

13. Ireland’s Response Performance standards – to apply to all systems Performance standards – to apply to all systems Establish a robust system for monitoring and assessment Establish a robust system for monitoring and assessment Consultations with the key stakeholders Consultations with the key stakeholders Prepare legislation and submit to Government Prepare legislation and submit to Government Ongoing dialogue with EU Commission Ongoing dialogue with EU Commission

14. International Practice Review Northern Ireland – c. 120,000 Northern Ireland – c. 120,000 Scotland – c. 150,000 Scotland – c. 150,000 Finland – c. 300,000 Finland – c. 300,000 Czech Republic – c. 150,000 Czech Republic – c. 150,000

15. Stakeholder Consultation 190 bodies invited to participate by issue of questionnaire 190 bodies invited to participate by issue of questionnaire Environmental Groups Environmental Groups Industry Industry Local Authorities Local Authorities Government Departments Government Departments Professional Bodies Professional Bodies State Agencies State Agencies 52 responses received 52 responses received Intended to publish all submissions later this year Intended to publish all submissions later this year

16. Proposed Regime Owners required to register OSWTS Owners required to register OSWTS Local authorities to maintain register with EPA holding a national register Local authorities to maintain register with EPA holding a national register On-line registration is being developed On-line registration is being developed Facility also for paper registration Facility also for paper registration Registration fee of €50 Registration fee of €50 Registration to be valid for 5 years Registration to be valid for 5 years Registration process will commence in 2012 Registration process will commence in 2012

17. Inspection Regime EPA to draw up national inspection plan EPA to draw up national inspection plan Plan to be proportionate and risk- based Plan to be proportionate and risk- based Targeted to areas where drinking water sources or habitats are likely to be, or have been, impacted upon by discharges from OSWTS Targeted to areas where drinking water sources or habitats are likely to be, or have been, impacted upon by discharges from OSWTS

18. Inspection 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 unregistered OSWTS Will target both registered and unregistered OSWTS EPA approved Inspectors EPA approved Inspectors Competency criteria for Inspectors will be specified in Regulations Competency criteria for Inspectors will be specified in Regulations Inspections will commence in 2013 Inspections will commence in 2013

19. Inspections Improved maintenance Improved maintenance Remediation Remediation Upgrading Upgrading Possible options for financial support will be considered in context of overall budgetary situation and financial position of individual households Possible options for financial support will be considered in context of overall budgetary situation and financial position of individual households

20. Legislation New Bill will be published in next few weeks with full details New Bill will be published in next few weeks with full details Following enactment, new Regulations to put in place to commence the regime Following enactment, new Regulations to put in place to commence the regime Training programme for inspectors is being developed in conjunction with WSTG Training programme for inspectors is being developed in conjunction with WSTG