Local authorities will be given powers next year to prosecute group water schemes for providing polluted water supplies, under new legislation from the Minister for the Environment, Mr Cullen.
Under current legislation, it is virtually impossible for councils to take legal action against poorly performing group water schemes, particularly the 5,000 smallest who serve groups of 50 people or less.
One third of all homes in the Republic are supplied by 6,000 privately-run group water schemes; one third have their own wells, while the remainder use local authority supplies.
The Water Services Bill 2003 will give powers to the Minister to launch legal action against local authorities, if they fail to keep water quality levels in line with the EU Water Directive.
Following 146,000 tests, the Environmental Protection Agency last January reported that 30 per cent of all group water schemes were contaminated by 'unacceptable' faecal coliforms.
Under the legislation, the 1,500 largest group water schemes, which each serve at least 50 households, will have to get a licence and meet stringent conditions before they will be allowed to continue in business.
Demanding State control over such schemes, the EPA said water supplied by local authorities is safer to drink than group water schemes, as 11 per cent of the tests carried out on them failed.
The new legislation will replace laws dating back to the Victorian era, said Mr Cullen. The licensing system "will bring a new level of professionalism to the sector, and provide a reliable mechanism to ensure that EU drinking water quality standards are complied with", the Minister said.
Meanwhile, the Minister does not intend to charge homeowners an annual fee to empty their septic tanks, despite considerable speculation to the contrary. Instead, homeowners will be subject to a duty of care, which would leave them open to prosecution if their tank persistently pollutes ground water.
The Water Services Bill will also grant councils powers to take over, or repair leaking sewerage and water pipes.