The Water Services (Amendment) Act of 2012 introduced a new registration and inspection process for domestic wastewater treatment systems, which includes septic tanks. The purpose of the legislation is to require owners of such treatment systems to ensure their systems are operating and maintained so that they do not pollute the environment. Under this Act, each treatment system owner must register their system. Inspections of the treatments systems are carried out by authorised inspectors.
This Act imposes on the “owner” of a premises connected to a domestic wastewater treatment system, a responsibility to have details of their wastewater treatment system included in a register which is maintained by the water services department of each local authority. To register, the owner of the premises must complete a form and pay the relevant registration fees. The water services authority will enter the details in the register of domestic wastewater treatment systems and will issue a Certificate of Registration to the owner. The Certificate of Registration should be kept in a safe place (with the title deeds if possible) as it may be required when the property is being sold.
The registration fee is currently set at €50, but this can be reviewed from time to time.
The Act states inspections can be carried out on treatment systems, and inspections started in 2013. Under the Act, the owner of the property should be given 10 days’ notice of an inspection. If access to the treatment system is not granted to the inspector, this may be considered an offence and is liable to a fine not exceeding €5,000.
The Act does not impose an inspection charge on the owner of the premises. The inspections initially concentrated on areas where treatment systems are posing a higher risk of polluting the environment. If an inspector finds that your system is working properly and being maintained correctly, no action will need to be taken by you. However, if an inspection of the treatment system considers it to be malfunctioning, an advisory note will be sent from the local authority requiring you to take steps to improve your system.
For more information or to register your Wastewater Treatment System, visit: www.protectourwater.ie.
Joyce A. Good Hammond is partner in Hammond Good LLP and works in a General Practice specialising in Conveyancing. She is a member of the Law Society of Ireland’s Conveyancing Committee since 2010 and has given a number of presentations at various CPD events. She acts as an Expert Witness for various firms in Conveyancing and Litigation matters. Joyce also tutors for the Law Society on a number of their Professional Practice Courses which include Conveyancing and Landlord and Tenant.
Disclaimer: Please note that this article is for general information purposes only and does not purport to be legal advice. While every care has been taken in its production, no legal responsibility or liability is accepted warranted or implied by the author, publishers or the Law Society of Ireland in respect of any errors, omissions or misstatement. Readers are advised to seek independent professional legal advice before buying/selling a property.
