Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 29th June, 2012.

I, PHIL HOGAN, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by Section 18 of the Section 4 of the Water Services (Amendment) Act 2012 (No. 2 of 2012), hereby make the following Regulations:

Citation

1. (a) These Regulations may be cited as the Water Services Acts 2007 and 2012 (Domestic Waste Water Treatment Systems) Regulations 2012.

(b) These Regulations come into operation on 26 June 2012.

Operation and maintenance of domestic waste water treatment systems

2. (1) A domestic waste water treatment system shall be operated and maintained by its owner so that domestic waste water or sewage effluent shall not emit, discharge, seep, leak or otherwise escape from the system, or part thereof:

(a) other than from a place or part of the system where the system is designed or intended to discharge domestic waste water or sewage effluent, or

(b) into surface waters except where licensed under Section 4 of the Local Government (Water Pollution) Act 1977 (No. 1 of 1977), or

(c) onto the surface of the ground.

(2) Roof water or surface water run-off shall not enter a domestic waste water treatment system.

(3) The owner of a domestic waste water treatment system shall be responsible for its maintenance and renewal and shall ensure that its parts and components are fit for purpose, operational where appropriate and kept in good order and repair so as to prevent a risk to human health or the environment.

De-sludging

3. (1) A domestic waste water treatment system shall be de-sludged at intervals appropriate to the tank capacity and the number of persons resident in the premises connected to it or as recommended by the system"s manufacturer.

(2) De-sludging shall be carried out by a contractor authorised under the Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007) as amended by the Waste Management (Collection Permit) (Amendment) Regulations 2008 ( S.I. No. 87 of 2008 ) and contents disposed of in accordance with all relevant national legislative requirements or directions pertaining at the time.

(3) An owner shall obtain evidence of de-sludging or a receipt from the authorised contractor each time their tank is de-sludged and such evidence or receipt shall be retained for a period of five years.

(4) Notwithstanding the provisions of paragraphs (2) and (3), the owner of a domestic waste water treatment system may carry out de-sludging of that system and use its contents in agriculture, subject to compliance with all relevant national legislative requirements or directions pertaining at the time and in particular with the provisions of the Waste Management (Use of Sewage Sludge in Agriculture) Regulations 1998 ( S.I. No. 148 of 1998 ), the Waste Management (Use of Sewage Sludge in Agriculture) (Amendment) Regulations 2001 ( S.I. No. 267 of 2001 ) and the European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2010 ( S.I. No. 610 of 2010 ).

GIVEN under my Official Seal,

26 June 2012.

PHIL HOGAN,

Minister for the Environment, Community and Local Government.

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation.)

The purpose for which these Regulations are made is to prescribe the actions to be taken by owners of domestic waste water treatment systems to ensure compliance with their obligations under Section 70(C)(1) of the Water Services (Amendment) Act 2012 .