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Explainer: What's going on with Ireland's septic tanks?

The government’s under pressure over its plans to enforce mandatory inspections of septic tanks. So what’s the story?

Updated, 15.07

THE THORNY TOPIC of mandatory inspections for Ireland’s septic tanks is back in the news this week, as the Government launches its final push to have the appropriate legislation pushed through the Dáil.

TDs are set to finish debating the Water Services (Amendment) Bill 2011 on Wednesday and Thursday, with the Seanad putting the finishing touches to the Bill on Thursday afternoon.

After that, it’ll be sent off to President Higgins to be signed into law – perhaps with a polite request for it to be signed before the February 3 deadline which the government claims is being enforced upon it.

So what’s the whole idea behind the proposals – and why have they proven so controversial?

A continental problem

It all stems from a set of European Union directives. A directive, put simply, is an instruction to each member state that it must enact laws to achieve a certain goal, but doesn’t prescribe how that should be done.

In this particular case, the directive ordered that governments introduce whatever laws that were necessary to ensure that the disposal of human waste did not have a harmful impact on the environment. The first of the directives was adopted in 1975.

When countries don’t abide by directives, the European Commission – which is the ‘guardian’ of the European Treaties – can then take individual member states to court for their failure to enact Irish law.

This is what triggered the current problems. In October 2009 the European Court of Justice found that Ireland had failed to meet its obligations under the various directives to enforce particular standards in the emissions of human waste.

Put simply, it was Ireland’s network of almost half a million septic tanks – and the possibility that they could be leaking toxins into the ground, and therefore into water streams.

What’s wrong with our tanks?

The frustrating thing about the current case is that there may not necessarily be anything wrong with a large number of septic tanks – the matter at hand is more about making sure they’re all in perfect working order.

Because there hasn’t been any formal register of septic tanks up until now – and no method of inspecting them to see if they’re all in sound working order – it’s impossible to know just how effective Ireland’s tanks are.

A crash course: septic tanks are large drums, of up to 2,000 gallons in capacity, which sit under most rural gardens. In cases where a house isn’t connected to an urban sewage system, toilet waste (which often forms ammonia) is flushed to this tank where a bacterial environment decomposes it.

The bacteria in the tank then breaks down the ammonia, or any other harmful material, into water or other minerals which are more easily and safely absorbed by the ground.

Or, at least, that’s the intention. Because some tanks have existed for decades without any inspection, it’s impossible to know how many tanks might be defective in some way – and are allowing harmful human waste to be pumped into the ground.

The urban-rural divide

There’s two main reasons why many politicians are objecting to these plans. The first is that they believe it’s fundamentally anti-rural.

They explain their argument as follows: during the boom years, as more and more housing estates were built in urban areas around Greater Dublin, their new residents were essentially provided with a link to urban water and sewage systems, free of charge.

Parallel to that, local authorities were given massive amounts of government funding to upgrade their waste disposal systems in order to cater for the growing numbers living on the country’s east coast and other urban areas.

But at the same time, they argue, very little was spent on similar projects in more rural areas – and there was precious little financial support for those building homes in rural areas who had to supply their own sewage disposal units.

Although the government says the mandatory inspections should only cost around €50 each, any septic tanks which fail the test would be liable for replacement – at the potential cost of thousands of euro.

There are also some question marks about the exact nature of the inspection – how invasive or thorough an inspection might be, or whether it will amount to mere ‘box-ticking’.

It’s also particularly rough on the people of Cavan, whose county council has already been voluntarily following European standards for a few years already – meaning newer householders will still be paying for inspections, even though they’re virtually guaranteed to pass them.

Fines, fines everywhere

The other resistance – which is a more political one – concerns the fines that Ireland is likely to face for not following the directive more quickly. The government says the legislation must be enacted before February 3 if Ireland is to avoid fines.

The logic of environment minister Phil Hogan, whose job it is to implement this new ruling, is that February 3 is the deadline by which Ireland must submit a response to the European Court of Justice defending itself against any fines from the ECJ.

That’ll be the last chance for Ireland to assure the court that it’s following the directive, Hogan says – so if the legislation isn’t in place before then, the court proceedings will go ahead without Ireland having a chance to defend itself.

Those fines start off with a lump sum of €2.7 million, with a penalty of €26,173 for every day afterward that Ireland hasn’t fallen in line.

The European Commission has told us – and the opposition parties – that it isn’t quite so straightforward, however. Although Ireland must have its response sent to the ECJ by February 3, the ruling in the matter isn’t expected until at least the summer – and probably not until autumn.

Opposition parties argue that Ireland can’t possibly face fines until the ruling is issued by the ECJ – and that the government is therefore trying to rush the bill through the Oireachtas quicker than it needs to.

This came to a head last week, when the opposition members of the Oireachtas Environment committee tried to stop the Bill from proceeding until they heard expert input from the likes of An Taisce and the Environmental Protection Agency.

They were foiled by the government side, however, who overruled the proposals and kept the bill on its current path.

Read: Government strikes down bid to halt septic tank bill

Read: State won’t face septic tank fines in February despite government claims

Read: Hogan says Fianna Fáil is frightening rural Ireland over septic tank charges

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35 Comments
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    Mute Paul Shepherd
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    Nov 8th 2021, 8:55 AM

    ….and prosecuted?

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    Mute D. Memery
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    Nov 8th 2021, 9:27 AM

    @Paul Shepherd: the article says they would have to be convicted, so I’d imagine a prosecution would be required to get to that stage.

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    Mute
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    Nov 8th 2021, 11:26 AM

    @Paul Shepherd: They could only punish them once they’ve been prosecuted, so yes obviously.

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    Mute Brian O'Grady
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    Nov 8th 2021, 9:00 AM

    Permanent ban on selling tobacco products if caught selling to minors.

    460
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    Mute Declan Doherty
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    Nov 8th 2021, 9:01 AM

    What about alcohol being sold to underage kids ? It’s a far more dangerous and toxic drug and can easily kill in minutes through overdose ? Cigarettes are bad but they’re not an immediate concern. And if we’re so keen to keep dangerous drugs away from kids, why do we preserve and protect the black market that has no problem selling untested and unregulated products to anyone of any age ? It makes zero sense and as toxic as they are, Cigarettes should be the least of our concerns when it comes to drugs and children.

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    Mute Mick Dunne
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    Nov 8th 2021, 10:21 AM

    @Declan Doherty: so is cigarettes

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    Mute Tommy Roche
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    Nov 8th 2021, 10:54 AM

    @Declan Doherty: The same laws apply where alcohol is concerned. In fact I’ve never heard of a shop being banned from selling tobacco after being caught selling to minors, but know of at least 3 pubs locally that have been ordered to close for a number of weeks for serving underage people.

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    Mute Pam
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    Nov 8th 2021, 9:05 AM

    No, but they should have to pay huge fines. If they’re banned where will elderly locals who smoke go to buy their cigarettes?

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    Mute Contrary Mary
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    Nov 8th 2021, 9:14 AM

    @Pam: To another store, where they will buy other things. All the more reason to not sell to minors.

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    Mute Rob Hunt
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    Nov 8th 2021, 12:08 PM

    @Pam: I actually think incurring the wrath of the elderly locals would be at least as much of a deterrent as the financial impact of not being able to sell them. Win win.

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    Mute Fiona Fitzgerald
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    Nov 8th 2021, 7:15 PM

    @Pam: I agree, I don’t see why local adults should be inconvenienced simply because aome staff member failed to ask someone completely different for ID.

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    Mute Serge the llama
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    Nov 8th 2021, 10:02 AM

    Heard one in the local shop the other day. Young lad asked for ID for scratch card. Well his mother came in roaring dogs abuse at the cashier for requesting ID when his 18. Why isn’t everyone asked for ID. Pointing at the long line of customers.

    Queues were building up. Everyone was looking because the customer was so loud and obnoxious. Poor cashier went bright red but didn’t back down refused to sell the scratch card and quoted the regulations in an extremely loud voice.

    Requiring a valid photo ID for anyone who is under 21. A physical driver’s license, passport or Garda age card, not the photo of one on a phone that could be photoshopped.

    On a side note most supermarkets ask for ID if someone looks under 25.

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    Mute Seeking Truth
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    Nov 8th 2021, 1:18 PM

    @Serge the llama: I bought a bottle of something recently and they did not even blink an eye or ask for proof of age. A sign that I am well past that age cohort to be asked for ID LOL

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    Mute Dave O'Keeffe
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    Nov 8th 2021, 5:21 PM

    @Serge the llama: I saw a boy in school uniform ask for cigarettes. He was asked for ID, he didn’t have it. He left and his mother came in roaring about being in a hurry and that it was disgraceful that the shop had asked him for ID and made her get out of her car!

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    Mute DERRY1973
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    Nov 8th 2021, 10:24 AM

    5 weeks off the cigarettes today, way too expensive a habit now, mind you I don’t know where all the money I saved went.

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    Mute Padraic McDonagh
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    Nov 8th 2021, 10:33 AM

    @DERRY1973: food! Or it least in my case I replaced one bad habit with another.

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    Mute Thomas Armstrong
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    Nov 8th 2021, 2:01 PM

    @DERRY1973: Hope y stay off them. I’m 4 years now but the test is if you like the pub the drink & the cig go hand in hand in the smoking area.

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    Mute James Clifford
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    Nov 8th 2021, 6:10 PM

    @DERRY1973: congratulations and well done

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    Mute Watchful Axe
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    Nov 8th 2021, 9:29 PM

    @DERRY1973: All the best, I used to take out the calculator app on the phone every so often and work out the money saved as a bit of a motivator.
    It also motivates when you look back and figure you’ve smoked the price of a new car over the years, no point starting on a second car.

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    Mute Mark Howard
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    Nov 8th 2021, 9:20 AM

    Or in other words persecute (yes – persecute) shopkeepers for making the odd mistake instead of the parents of these brats who are roaming the streets causing trouble. How quickly people forget they were singing the praises of retailers during the lockdown. We’re a great country for blaming the wrong person

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    Mute Jo H
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    Nov 8th 2021, 10:23 AM

    @Mark Howard: it is a big jump from a teen kid taking up/trying cigarette smoking to them being br*ts who are roaming the streets to cause trouble! Have all the people you know who smoke, or are ex smokers, been that type of person?? For the record, I don’t think shops should have a their licence suspended unless a repeat offender

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    Mute NoPlanetB
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    Nov 8th 2021, 10:09 AM

    The way this works is they find some lad who is 6’6″ with a beard who looks 30 but is actually a teenager. They get him to ask for cigarettes in a string of shops at a busy time and when the teenager working behind the counter fails to ask for an ID the shop is nabbed.
    It is a form of entrapment. The only safe approach for shopkeepers is to get the ID from everyone, including the 60 year old granny who smokes the Superkings.

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    Mute Dave O'Keeffe
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    Nov 8th 2021, 5:19 PM

    @NoPlanetB: the very fact that he looks 30 would be a mitigating factor. I work in the industry, they aren’t trying to trick people. They’ll usually send in an older looking person but in their school uniform or an older person that looks far younger. There is room for a genuine mistake being made within the regulations

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    Mute TomTraubert
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    Nov 8th 2021, 11:00 AM

    So, Hayley is having us vote on her own offence/punishment combination?

    Another journal poll fail

    Remember Hayley’s ‘do you prefer rain or sun poll’

    I reckon we should have a poll asking should Hayley be allowed to make polls

    ;-)

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    Mute Rob Hunt
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    Nov 8th 2021, 12:11 PM

    @TomTraubert: Even setting aside that this is a commercial site with an editorial team and a content marketing strategy, it’s a bit nasty having a go the individual author.

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    Mute TomTraubert
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    Nov 9th 2021, 11:13 AM

    @Rob Hunt: dial it down a bit there Rob fgs.

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    Mute Mike Dunne
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    Nov 8th 2021, 9:28 AM

    I’ll carry on buying mine on the black market.

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    Mute Tracktrack
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    Nov 8th 2021, 12:43 PM

    @Mike Dunne: Very foolish idea. Not only is it breaking the law, but those cigarettes could be counterfeit, have mould or other contamination to make them even more deadly.

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    Mute Paul Cunningham
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    Nov 8th 2021, 4:00 PM

    @Tracktrack: Thats why its easier on smokers to just fly out of the country, bring back a carton or two and pocket the savings. Can you blame them doing that when the prices are so high the black market thrives?

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    Mute Liam Mc Meel
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    Nov 8th 2021, 9:52 AM

    I go to the shop on a regular basis for me da with a note asking for John player blue and a lighter as me da can’t walk very far

    19
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    Mute John Mulligan
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    Nov 8th 2021, 9:21 AM

    It’s a while since I heard such a ridiculous plan. Retailers should be fined €10,000 and possibly be also imprisoned for supplying a dangerous drug to children.
    A suspension is unbelievable for such a serious offence.

    29
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    Mute Mark Howard
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    Nov 8th 2021, 9:43 AM

    @John Mulligan: Sounds like you could do with a smoke yourself . . .

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    Mute Mick Dunne
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    Nov 8th 2021, 10:19 AM

    They should be banned for good

    24
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    Mute Ballybough Marcus
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    Nov 8th 2021, 10:09 AM

    Common sense says yes.

    13
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    Mute JillyBean
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    Nov 8th 2021, 10:38 AM

    I think there should be an award as to which teenagers are most convicing. The award would be a packet of Benson’s finest

    11
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    Mute ed w
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    Nov 8th 2021, 9:38 AM

    banned from selling them to minors for a few days or cigarettes for a few days ?

    12
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    Mute Michael Carolan
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    Nov 8th 2021, 12:04 PM

    May be it’s about time the purchase of cigarettes should be as restrictive as possible…..e.g. available on prescription from a GP and only purchased from a pharmacy. In that way, the support and advise for giving them up is immediately available. But hey, it’s easy as a non smoker to say this.

    8
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    Mute Shawn Rahoon
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    Nov 8th 2021, 1:03 PM

    Many shops in US won’t sell cigs to customers of any age unless they have some form of ID.

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    Mute ChronicAnxiety
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    Nov 8th 2021, 9:43 AM

    These are drugs, treat them as if thay had been dealing grass.

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    Mute Declan Doherty
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    Nov 8th 2021, 9:49 AM

    @ChronicAnxiety: Why ? Weed is harmless when compared to cigarettes and alcohol. Alcohol can kill a child in minutes. Neither weed nor cigarettes are going to do them any harm in the short term. Why would you treat them all the same when the risk is radically different.

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    Mute Willie Penwright
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    Nov 8th 2021, 10:50 AM

    @ChronicAnxiety: Dealing grass is a monopoly of the the crime lords and so is beyond the reach of this government.

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    Mute Willie Penwright
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    Nov 8th 2021, 10:48 AM

    Great idea, practical and it would work and so cannot be tried.

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    Mute Garreth Byrne
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    Nov 8th 2021, 5:45 PM

    yes, no and don’t know do not amount to a sufficient number of possible responses. This online opinion poll has no scientific validity.

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    Mute Mikey
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    Nov 8th 2021, 12:36 PM

    No, what harm are they doing.

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    Mute Mick Curran
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    Nov 8th 2021, 6:23 PM

    A few days???
    Permanent ban, followed by prosecution and stiff penalties.

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