THE EUROPEAN Commission is taking Ireland to court for a second time over the absence of long-overdue legislation to ensure adequate septic tank inspections. It wants the court to impose a €2.7 million fine and a €26,173 daily penalty until legislation is enacted.
Minister for the Environment Phil Hogan expressed disappointment at the commission’s move to initiate the action in the European Court of Justice. He blamed the previous government for a lack of political will to comply with a 2009 ruling of the court.
The case was one of three featuring Ireland in the commission’s monthly review of infringements of EU law. Ireland will be referred to the court over the operation of industrial installations with outdated permits. In addition, the commission has called for action from the Government to develop new procedures to improve the safety of the road network.
Asked whether the decision in the septic tank case was premature given the Government’s recent arrival in office, a commission spokesman said it remained open to Dublin to act before the case was formally referred to the court. “We’ve had several meetings and we’ve had several outlines proposed to us, but we still haven’t seen any draft legislation,” the spokesman said.
“We are aware that there is a new Minister, we’ve had discussions, but we felt in this case it was appropriate to refer this to the court of the justice for a second time.” The case concerns a directive under which Ireland was obliged by April 1993 to enact legislation to ensure the disposal of waste water without endangering human health or the environment.
Noting that there are more than 400,000 septic tanks in Ireland and that any discharges from them could pose a threat to health, the commission said Irish legislation lacks provisions for systematic periodic checks and inspections.
Mr Hogan said the Government recently approved the urgent drafting and publication of the necessary legislation. His aim was to have the legislation considered and enacted by the Oireachtas without delay.
“The Court ruling requires the introduction of new legislation setting performance standards for existing septic tanks and other on-site waste water treatment systems and the introduction of an inspection and monitoring system for such systems,” he said.
“I am, naturally, very disappointed that the commission has decided to escalate the case at this time, particularly given the speed with which the new Government has acted on this matter. Considerable work has been undertaken by my department since the judgment in developing the response.”
