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Dublin: 7 °C Thursday 23 May, 2013

Ireland still paying €12k-a-day fine for septic tank compliance failure

Environment Minister Phil Hogan had vowed to wrap up EPA inspections – needed for the daily fines to stop – before end of last month but deadline has not been met.

Environment Minister Phil Hogan
Environment Minister Phil Hogan
Image: Niall Carson/PA Wire

IRELAND IS STILL liable for daily fines of €12,000 for failing to comply with EU rules on septic tanks, because the Environmental Protection Agency (EPA) has not completed its inspection plans.

Environment Minister Phil Hogan had claimed on RTÉ Radio1′s Morning Ireland  radio on Tuesday, 15 January that Ireland was already in compliance with the December ruling of the Court of Justice of the European Union.

But the Department of the Environment has confirmed that the EPA has not yet submitted its septic tank inspection plans to the European Commission. The Commission must approve the EPA’s plans before the daily fines will stop.

A spokesman said Ireland was compliant in terms of transposition of the relevant EU legislation into Irish law, but that approval of the EPA’s inspection plans would be “the final piece of the puzzle”.

A spokeswoman for the EPA said the report was due to be submitted either next week or the week after. However, on 15 January, Minister Hogan had claimed that the inspection report would be presented to the EC by the end of the following week. That would have been 25 January.

In December, the Court of Justice of the European Union hit Ireland with a €2m upfront fine, as well as the daily penalties, for failing to comply with a 2009 ruling that it had failed to fulfil its obligations on wastewater disposed of in septic tanks.

The court also fined Ireland €1.5m for failing to properly implement rules on environmental impact assessments.

Septic tank inspections are needed in Ireland to protect against pollution to groundwater, which could pose a threat to human health and to the environment, said Andrew Jackson of An Taisce.

Just ahead of the February 1 deadline for registration of septic tanks for inspection, just over three quarters of relevant homes had signed up.

Only three other EU member states have ever been fined for failing to comply with court rulings on environment law.

Read further articles by journalist Valerie Flynn>

Almost a quarter of homes fail to register septic tank by deadline>

Ireland fined €2 million over failure to impose septic tank rules>

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Comments (59 Comments)

  • I hope someone is inspecting Phil he seems to be full of more shit than any septic tank…..

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  • Ah sure we have plenty of money to pay that .

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  • Well said Declan Crowe once again the rural/urban divide rears it’s head. We live in the country as a choice yes for the quality of life it gives. We look after our own water and waste ie sewage bins recycling etc.. In urban areas you turn on a tap hey presto water you flush the toilet hey presto it’s gone no worries… You dont have to worry about your water pump seizing of breaking. Our a kid putting a full roll of jacks paper down the loo and having to unblock it. As Declan said your shit goes to treatment plants that my tax has paid my tax has paid its share for all public amenities too so make this fair as everyone in Ireland uses sewage treatment make everyone pay €50 then I’ll pay but I’m not paying twice….

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  • Is this man actually capable of telling the truth,or is everything that comes out of his face complete waffle?

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  • What a load of shite.

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  • will the inspections include leinster house more shit there than anywhere else

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  • AUXRED 09/02/13 #

    Sign up and we’ll make the rules up later. Tell us about the grants Phil! Please note that T&C apply to this comment.

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  • The EPA have no powers… FACT, they pass on the info to the lcoal councils who invariably do *ukc all…. A local guy spread slurry 50 meters from my house three weeks ago, it was lashing rain, water had settle like a lake on that field for month before , there is a stream ( now dead) next to the said field, also the roads were like India in monsoon season…. I complained to EPA, they told me they were powerless and that the council would deal with it…. Did they? No.. Why? Because the councils are made up in some areas with part time farmers… What a kip we live in.

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  • I spent almost €6000 installing a septic tank and Pura Flow system plus another €3500 on a well for my water. I have no other houses within half a mile of mine I have my water tested every year and it’s clean. My local council have all the details of my sewage system and can have a free water any time they want but I will not pay €50 for them to have uncontrolled access to my property. Big Phil can kiss my swingers for it!!!!

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    • Makes no sense.

      You’d pay EUR10k to fix up your system to a compliant state but refuse to register it?

      Something smells bad.

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    • That’s fair enough but it should at least be like an NCT on cars and be given a few years leave. There is no way you can say for certain that all will be in proper working order in five years time. From an environmental viewpoint this has to be brought in.

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    • 01/01/70 #
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    • I complied with bye laws 20 yrs ago and dug out a perculation the size of a swimming pool at great cost, but it was worth it. The local advice was, ah ya shudda just run s pipe to the ditch’. Unfortunately its that atitude thst hss us where we are today.

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    • You should have paid it when it was a fiver. Your concern is understandable, but you have a new system that will pass any inspection in a matter of minutes, why not just do it, I personally think Phil Hogan should be fired into a septic tank but really this one is being forced and the fines will be next.

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    • @James Attley
      you might be forgetting 1 very important detail there regarding it being thought off as a NCT and that is that once thats brought in they change the rules regarding exactly what is the pass standard as was done with the motor NCT(re-submit ashtray dirty,no water in the windscreen washer bottle the list gets bigger every day) then you will have rules such as ” using the wrong toilet paper” or some other ridiculous non valid excuse to wrench even more money out of our pockets.
      its ridiculous to expect people who have paid large amounts of money to put in their own water supply and septic tanks (not forgetting island people who had to even ferry in top soil) to pay 1c more and give certain inspectors access to their PRIVATE property.

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  • only 4 percent of pollution comes from septic tanks the other 96 p c comes from treatment plants.here where we live all the sewage from towns and villages runs straight into rivers and beaches and some of the ones that do have a treatment plant when there is a days rain the treatment plant becomes overflowing and all the raw sewage ends up in fields. its time hogan sorted this out as this is where most of the pollution is coming from but sure that would be too much work for him to do so he hits the soft targets.

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  • Hogan using bully boy tactics trying to make people feel guilty about this unjust tax,his cronies have no bother paying out the vrt fine that the eu sanction on us every year though

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  • Anyone entering my property without my permission is trespassing….

    I didn’t spend 10k fixing a system it was a requirement of my planning to do so!!!

    So no I wont pay anymore to them..

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  • @Bilbo the biggest culprit polluting our water ways are the local councils pumping all their waste into rivers and the sea.. Some of it UNTREATED… So make them pay……

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    • I agree Dennis there is no way any local authority should get away with breaking any laws/regulations . But that doesn’t excuse any individual from responsibility either. Making ‘them’ pay is a moot point, as its you , me and every other tax payer in the country that pays ‘them’ so we’ll all pay either way.

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  • Mjhint 09/02/13 #

    How is it we were given planning for these tanks & had to pay for tests to comply with this planning. Pay the fines phil or do what the UK is doing & tell the EU to f##k off.

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  • @Bilbo doesn’t matter whether it’s €5 or €50 it will not stop there. Let’s just see how many good systems fail in order to create income for the state. It will turn out like the NCT changed from every 2 year’s to annually for cars of a certain. Like driving tests too.. We will get the same response sorry your tank has failed and later that evening while having a wee drop of home brew in my local shebeen with the rest of my broke neighbours we find out that 3 out of 4 have failed and the 1 tank in the area that is pipes to a water source has passed. I am sticking to my guns on this as I did with the household charge. I pay prsi, PAYE, usc, tolls, vat, car tax, bins, where do u want me to stop and my wife pays all the above as well……

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  • when you get the property tax for next week wipe your arse with it then cut your finger and write this is my blood youl get no more and return to sender ok people of ireland WAKE UP ARE YE COWARDS

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  • We should default and leave the eu, as it is not in our interest to be in it anymore, I did not register, so am not paying the fine either, a good stretch in jail would be nice, at least I know that I would be fed well.

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  • are we not already being fined for councils poluting rivers with low standard sewage systems?

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  • has anybody followed up on phil hogans debt to the portaguse government for non payment of approx 10.000euros in charges for his holiday home in portugal

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  • Dodzer33 09/02/13 #

    Let Phil pay it out of his inflated wage …

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  • To those who haven’t paid: you are costing your fellow citizens 12k a day.

    sorry – i don’t want to pay that and I resent that you are forcing us to.

    get out your checkbook or we’ll send down some concrete to put your tank out of action. if you can waste 12k a day on fines, we’ve a right to shut down your sewer causing the fine.

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    • Amen to that Arbitrasure, completely agree.

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    • Except that part of the legislation may not comply with Article 40 of the constitution, in the same way that the household charge may not comply with Article 40. The Minister has even admitted in a response to a Dáil question that it would be up to the courts to decide on this matter. So until the Irish Courts decide that neither the Household Charge nor the Septic tank charge do not effect my constitutional rights I’m not paying. The 4 Government TD’s in my area know this, one of them even asked the question of the Minister. Yet nothing has been done about my refusal to pay. Why, do they know something you don’t?

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    • 01/01/70 #
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    • Declan, if you chose to live in the countryside thems the breaks.

      I can’t have my income tax adjusted so as I don’t contribute towards your local hospital, school or library. I can’t choose to only pay for my own local facilities. My income tax also pays for your countryside TD’s expenses to travel to the Dail. In some cases 64k per annum. City dwellers taxes subsidise country living.
      I am fine with that and I am not moaning about it.
      If you want to start localising tax collection and tax spending, lets put a fence around the major cities who will look after themselves and you can go raise your own taxes to spend on your own locale.

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    • You are totally wrong here. Even if the entire country had paid the fines would continue. As the article states its due to the lack of an inspection plan submission not lack of registration. Them’s the breaks.

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    • You’re right bunny!

      What’s the hold up EPA?

      You are throwing money down the drain here. Hogan, get on their case pronto.

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    • Arbitrasure. I do not think that is so. The reason for the ongoing fines , from the article, is the failure of the EPA to provide an inspection plan. All the waffle from commentators has ignored this. They should vent their spleen on the EPA but, that’s not a great rant and moan , is it?

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    • Keep all taxes in the county that are raised, problem solved!

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  • What gives EPA authority to fine us?

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  • As per usual we pay for those who will not pay.

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  • Your argument that the State inspecting your tank is unconstitutional is bogus.

    From Propertypin:
    In 1921 the feudal ownership of 26 counties of Ireland was transferred from Britain to the Irish State, and this system remains in place today. The Irish State is in effect a feudal landlord and nobody in Ireland owns their own property.

    Quote:
    “Tenure is a feudal concept, first introduced in England after the Norman’s occupied the country following the battle of Hastings in 1066, was introduced in Ireland after 1172, when the Normans occupied that country. Under the tenurial system all land is held from the monarch. When the Irish State was founded in 1921 the feudal rights of the British Crown were transferred to the new state. This means that all any person or legal body in Ireland owns is an ” an interest in an estate in land, in fee simple.” If freehold it is held ” in possession absolute”. If a lease it is held “for a term of years or lives”. No person in Ireland actually owns land itself. That belongs to the state.

    -Kevin Cahill

    In 2004 the Irish Law Reform Commission,recommended that tenure, the system under which land is owned in Ireland, should be abolished.
    Press Release 2005.

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  • Dario Fo 09/02/13 #

    What ever was gained this week by Noonan is given away by hogan. Typical.

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  • He’s like the rest of full of crap and I’m not just talking about the goverment!

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