Environment Minister responds to ruling on septic tanks

Issued: 30 October 2009

Statement by John Gormley
Spokesperson on Environment, Heritage and Local Government; Northern Ireland

European Court of Justice find Ireland does not have adequate legislation to deal with domestic septic tanks
Minister for the Environment, Heritage and Local Government John Gormley today announced that he will be undertaking a public consultation on the means of advancing the commitment in the Renewed Programme for Government to introduce a licensing and inspection system for septic tanks. The Minister was speaking in response to a judgment by the European Court of Justice (ECJ) against Ireland in a case brought by the European Commission.
In the ruling which issued today, the ECJ has found that Ireland has failed to make adequate legislation for dealing with domestic waste-water from septic tanks and other on-site wastewater treatment
systems. The Minister stated that his Department will be considering the judgment in detail and will be consulting with key stakeholders on what may be required to address the ruling.
"Earlier this year I brought a Memo to Government identifying the need for a licensing and inspection
system for septic tanks. I will be asking the public to contribute to the debate on how this ruling can be addressed and on the means of advancing the commitment in the Renewed Programme for Government," the Minister said.
The Minister said that, under existing legislation, householders already have a duty of care to ensure that their systems do not pose a risk to human health or the environment. "It is important to ensure that these systems are operated and maintained properly, and that regular de-sludging is carried out," the Minister said.
"However, we know that in far too many instances septic tanks or on-site sewage treatment systems are causing pollution. The absence of a licensing and inspection system is a major weakness in our overall
environmental management structures and this needs to be addressed.
"Census 2006 data indicates that more than 440,000 houses in Ireland have septic tanks or other similar on-site wastewater treatment systems. Reports from the Environmental Protection Agency have identified septic tanks as a potential source of water pollution, particularly of groundwater sources which are an important source of drinking water for many people," the Minister added.
The Minister referred to the report of the Joint Committee of the Environment, Heritage and Local Government, published earlier this year regarding on-site wastewater treatment systems, which recommended greater monitoring and enforcement in this area. "The Committee's report highlighted the need for greater regulation in relation to septic tanks. I expect that the issues raised by the Committee will be addressed comprehensively in the proposals that I will be bringing forward following the conclusion of the public consultation process," the Minister said.
While septic tanks and other similar on-site wastewater treatment systems are used in other countries their numbers appear to be much lower. For example there are approximately 100,000 septic tanks in
Scotland and an estimated 800,000 in England.
Finally, the Minister reiterated his strong commitment continue to work with the European Commission to achieve compliance by Ireland with all our EU obligations in relation to the environment