COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF LUCAN AREA COMMITTEE

Tuesday, February 26, 2013

MOTION NO. 15

MOTION: Councillor C. Jones

"That the Manager will present a report regarding the recent leaking of sewage at Hillcrest Court and that the Manager will clarify the stance of the Council on this matter and how the Council can best be of assistance to any residents in these circumstances."

REPORT:

Under the Water Services Acts 2007 and 2012 and the Water Services Act 2007 (Waste Water Complaint Notice Form) Regulations 2009 (S.I. No. 141/2009) the users' responsibilities of private drains is defined and set out under a number of headings. Firstly what a drain is defined as below:-

“ drain ” means a drainage pipe, or system of such pipes and related fittings for collection of waste water, that is not owned by, vested in or controlled by a water services authority (The County Council), an authorised provider of water services, or a person providing water services jointly with or on behalf of a water services authority or an authorised provider of water services, and that is not a service connection, which is used, or to be used as the case may be, to convey waste water from one or more premises or to any waste water treatment system on a premises where the waste water is generated;

Most houses in Dublin are served by a single private drain used for the drainage of a number of separate premises as in this case at Hillcrest Court, Lucan.

Section 70 of the 2007 Act places a duty of care on owners and occupiers of premises served by a drain to, among other things, keep their drains in such condition as not to cause or be likely to cause a risk to human health or the environment and not to cause a nuisance through odours. Responsibility for the maintenance of a drain rests with the users of that drain until it reaches the sewer (usually located in the footpath or sometimes the road) and in practical terms this means:

A) The drain should be used solely for the carriage of waste water.

B) Anything that could block a drain should not be allowed into the system (Drains are frequently blocked by wipes of all kinds, fats, grease, oil. sanitary towels and waste food.)

C) Drainage accessories such as rodding eyes and manhole covers should not in the ordinary course of events be removed and, if so, be replaced without delay.

A drain subject to frequent blockages may have suffered structural damage. A CCTV camera survey should be undertaken to ascertain the nature and extent of any such damage. The survey itself and any remedial works deemed necessary in its wake should be organised by all those using the drain.

The above Act and Regulations provide a procedure for complaint to the District Court by any person affected by the non-compliance by another with a duty of care under Section 70 of the Act. If the house is a rented house, the tenant should inform their landlord of the issue.

Should a Water Services Authority, in its absolute discretion, prosecute for non-compliance with a duty of care, the penalty on summary conviction for allowing a drain to cause a risk to human health or to the environment is a maximum fine of €5,000 and/or 3 months imprisonment.