Water Protection and 500,000 Septic TanksThe New Regulatory Framework

Rachel Minch, Barry Doyle and Company

Outline of Presentation

Background Water protection objectives ECJ judgments Challenges on the ground

Legislation Registration Maintenance Inspection Enforcement

Implementation

Objectives

Community legislation Water Framework Directive

River basin districts Management plans Programme of measures Environmental objectives

Irish challenges: diffuse sources Agriculture Individual waste water treatment systems

ECJ: Commission v Ireland

2002: Drinking Water Directive 80/778/EEC Microbiological standards for drinking water

2004: Nitrates Directive 91/676/EEC Identification of waters affected by pollution Designation of vulnerable zones Establishment of action programmes

2007: Groundwater Directive 80/68/EEC insufficient causal link between septic tanks and

microbiological contamination

no evidence of systemic failure to implement

2009 Commission v Ireland: Waste FD Commission case: failure to comply with

Article 4: no risk to human health and environment Article 8: holder to collector or operator or

recovered/disposed of in accordance with Directive No management of waste waters from IWWTS

Defence: Directive does not apply Not waste Covered by other national legislation

Decision No satisfactory system of inspection (except

Cavan)

Compliance

October 2009: Judgment November 2010: Commission formal notice May 2011: Commission refers matter back to ECJ

requesting a lump sum fine of €2.7 million and a daily penalty payment of €26,173

February 2012: Water Services (Amendment) Act 2012

June 2012: Regulations S.I. 220 and 223 October 2012: Regulations S.I. 384

Challenges On (and in) the Ground

Number: 497,281 connected dwellings Effluent: 250,000,000 litres daily Pollutants: pathogens, phosphates, nitrates

Risks: Human health Environment

Causes

Photos from A Goggin, Limerick Co Co

Dye test showing effluent in a watercourse from a septic tank. (photo by A.

Goggin, Limerick Co. Co.)

Regulatory Framework

Registration Maintenance Inspections Key players

Environmental Protection Agency Water service authorities (WSA) Inspectors Owners

Registration and Register: S.70B

WSA establishes public register Owners to register by 1 February 2013

All DWWTS unless S.4 WPA licence

WSA issues certificate of registration Valid for 5 years Produce on request

Maintenance: S.70, 70C, S.I. 223

General duty: no risk to environment or human health (Article 4)

Comply with Regulations Domestic waste water discharges Maintenance De-sludged by contractor and retain evidence

Agricultural use exception

Take remedial measures

Inspections: S.70E to G

Inspectors appointed by EPA Inspections at direction of WSA (and EPA) Powers

Enter and inspector premises as directed Monitoring, samples, photos, excavations Request information Advise owner and WSA of findings

Due to commence in February 2013

National Inspection Plan: S.70K EPA must make NIP by 30 December 2012 with

regard to: risks to human health and the environment types and location of DWWTS qualitative and quantitative criteria, targets and

indicators for inspections any incidental or ancillary matters or matters

prescribed by Minister

WSA implement NIP under supervision of EPA Inspectors have regard to NIP when carrying out

inspections

Enforcement (1): Advisory Notices WSA must issue an Advisory Notice where

inspection identifies that the system: Contravenes Regulations (i.e. 70L) Contravenes Article 4.

The Advisory Notice must: State the contravention and reasons for opinion Direct the owner to remedy the matters specified in

the notice by a specified date

Second inspection: amend, revoke, notify Notice Appeal to District Court Notice of Compliance

Enforcement (2): Other Options Prosecution

registration, maintenance, advisory notice, regulations

prosecutor: WSA

summary fine €5,000/carry out works

Injunctive Relief WSA can apply to High Court for injunctive relief

Failure to comply with requirement of Act and risk to human health or environment

Directions Other legislation??

Implementation Finalisation of National Inspection Plan

Proportionate, objective risk-based approach (RBM) Site selection criteria Standards: compliance with regulations Multi strategy approach: incentives, engagement Discussion document

Working groups Inspections start Financing, grants Will it be enough?

Conclusion