The Operation and Maintenance of Domestic and Commercial Sewers A Property Owner s Guide KILDARE LOCAL AUTHORITIES WATER SERVICES DEPARTMENT
TABLE OF CONTENTS Introduction 1. Why should I care? 2. What are sewers and drains? 3. What causes sewer blockages? 4. What are combined sewers? 5. Whose responsibility it is? 6. What should be done in the event of a blockage? 7. When will Kildare Local Authorities get involved? 8. Contact details VERSION 1 JULY 20 TH 2012
Introduction The responsibility for the operation and maintenance of the public foul sewer systems rests by law with Local Government. It is a common misconception however that Local Authorities are responsible for maintaining all wastewater sewers within their functional area. Many sewers are in fact not within the control or responsibility of the Local Authority, and this very often leads to confusion among the general public when pipes burst or get blocked. The following document seeks to set out clearly the scope of Kildare Local Authorities responsibility relating to foul sewers, advises the householder with regards to their own responsibilities, and advise on solutions to problems relating to private sewers. This will deal with sewers located along public roads, common sewers running through private property, sewers within industrial estates, sewers in the gardens of Council houses, and sewerage connections serving public buildings. It is hoped that this document will answer a number of questions so as to explain the law of the land in terms of wastewater sewer maintenance, and also clarify Kildare Local Authorities protocol with regards to the limits of our responsibility concerning wastewater sewers.
1. Why should I care? There are approximately 440,000 private waste water treatment systems in the Country, most of which deal with one-off houses. In addition to this, there is a total of 1,044 local authority operated treatment facilities serving populations ranging from a few dozen up to hundreds of thousands. Feeding these treatment plants, there are thousands of kilometres of underground sewer pipes making their way from individual houses to the waste water treatment plant. These sewer pipes range in type from normal gravity-type pipes, to pressurised rising mains. Here in Kildare, we have a total of 38 local authority operated, or municipal treatment plants. They range in size from a couple of dozen population equivalent in Ticknevin, to 80,000 population equivalent in Osberstown and Leixlip. Indeed, these two treatment plants are the two largest inland treatment plants in the Country. Q: So why should I care about sewers? This is a question that is often asked by members of the public. The answer is simply this: Sewers are designed to cater only for liquid waste with minor levels of solids. When people dump rags, grease, solvents, and other such waste into the sewers; they gradually block and deform; and ultimately cause blockages. Q: Who gets affected at the end of the day???? The householders and the surrounding environment. Q: Who pays at the end of the day??? The tax payer and the surrounding environment. Picture the scenario of the standard one-off house with its own septic tank, as outlined in the diagram below. If the householder discharges unsuitable material into their sewer system, it could result in the following problems: Build-up of grease in the sewer outfall pipe, leading to smells and gradual blocking of the pipes. Septic tank fills up too quickly, resulting in the householder having to pay higher tankering costs. Environmental damage to the surrounding area as the percollation area will have been contaminated by the unsuitable material. Contamination of the local drinking water system. Human health issues, both air and water based. If you choose to discharge unsuitable material to your own septic tank, not withstanding the damage that you will be causing to the surrounding environment; you will pay the cost of repairing the damage.
Now picture the above scenario on a larger scale when it comes to the operation of municipal waste water treatment systems with thousands of houses discharging their waste to them. The problems caused are on a much bigger scale, and the cost to both the tax payer as well as to the environment; are far greater. Ultimately, unless we start caring about what we flush down the sink/toilet; the cost to both the environment and to the exchequer will continue to rise. Kildare County Council needs your help.
2. What are drains and sewers? Section 2 of the Water Services Act, 2007 provides appropriate definitions in this regard: Definition of a drain A drain is defined as 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, 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. In essence a drain is a pipeline which is privately owned and maintained by its users. Definition of a sewer Sewers however are defined as drainage pipes and sewers of every description, including storm water sewers, owned by, vested in or controlled by a water services authority, 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, but does not include a drain or service connection. In essence a Sewer is a pipeline which is publicly owned and maintained by a local authority. Definition of a service connection a drainage pipe, together with any accessories and related fittings, extending from a premises to the outer edge of the boundary to the curtilage of the premises, and used, or to be used as the case may be, for the purpose of connecting one or more premises with a waterworks or waste water works, and, where used or to be used for connecting more than one such premises it shall extend to the outer edge of the boundary to the curtilage of the premises which is furthermost from the said waterworks or waste water works. In essence a service connection is a pipeline which is privately owned and maintained by its user(s). Definition of a common sewer Is defined as a sewer transporting the wastewater from a number of properties through private property prior to its point of connection to the public mains. Such sewers can be either public or private, depending on circumstances. In essence a common sewer is a pipeline which is privately owned and maintained by its user(s). The above definitions are important in terms of setting a context for this protocol document with regards to boundaries of responsibility in relation to sewerage networks maintenance.
3. What causes sewer blockages? A blocked drain or sewer is usually noticed when sewage starts seeping out of gulleys or manholes or sometimes within a property at sinks, baths, showers and toilets. It is also often a source of odours which can be very pungent. Blockages can be caused by a variety of reasons. The following would be the more common causes: Poor physical condition or because sewers have not been installed correctly with inadequate gradients or falls resulting in insufficient self-cleansing velocities. Abuse of sewer systems by users flushing unsuitable products down toilets or sinks. Products such as wipes, cotton buds, cloths, solvents, paints, sanitary products and nappies should be disposed of only through the household waste disposal system. Figure 2. Disposal of cooking fats, oils and greases which can build up and solidify on the wall of the pipe, reducing its internal diameter/capacity and increasing the risk of a blockage. Property owners can consult with the Environment Department of Kildare Local Authorities for further details on responsible disposal of such products. Figure 3. Tree roots entering a broken drain can also be a problem. Trees should never be planted above or in close proximity to a drain or sewer.
Figure 4. Differential settlement or excessive loading on the pipe can cause lengths of pipe to subside or collapse. Householders should be aware that Section 104 of the 2007 Water Services Act prohibits the building of a structure over a public water sewer without the prior consent of the Local Authority. Figure 5. Drains can also block from silt being carried into the drain by rainwater. It is not permitted to discharge surface water into the sewerage system as sewerage systems are not normally designed to accept large volumes of surface water or rain water.
4. What are Combined Sewers? Traditionally sewers were often designed to carry both wastewater and rain water in one combined pipeline system, so as to speed up flow rates and increase dilution factors. Such drains were referred to as combined drains or sewers. However, since the 1980 s this practice has almost entirely been stopped, with the emphasis now being on providing separate systems for both rainwater and sewage. This has been due primarily to the advancement and cost of new wastewater treatment processes, and the impact on the environment of pumping and treating relatively clean rainwater. It is now against the law to knowingly connect up a development s surface water system to the public foul sewer without the permission of the Local Authority. DO NOT CONNECT SURFACE WATER PIPES TO WASTE WATER SEWERS Kildare Local Authorities have the power under Section 33 of the 2007 Water Services Act to set technical specifications for connections to public sewers, and can ask the Courts to prosecute persons who carry out unauthorised or incorrect connections in this regard. Conditions relating to such discharges are normally stipulated in the following licenses controlled by the Local Authority: The grant of planning permission for the development, The Water Services Connection License, and The Section 16 License allowing non-domestic developments to discharge to the public sewers. Figure 6.
5. Who s responsibility is it? Figure 2 below can be used as an example to determine who is responsible for the maintenance of pipe work and the clearance of blockages. Figure7. Each house connects to the public sewer system via a service connection. If you have a blocked sewer the first thing you should establish is if it is the service connection itself that is blocked. You can do this by checking with your neighbours to see if they are also having problems. If your neighbours are not having similar problems, then the strong chance is that your own service connection is blocked, and the responsibility for fixing rests entirely with you. As a general matter of guidance, the following applies in terms of responsibility for sewerage blockages and maintenance: All pipe work serving one or more properties is deemed to be a private drain or a private common drain until it connects to the public foul sewer (usually located under the public road) and shall be maintained by all the property owners using it. By way of a useful guide; in the example above, house no s 3-13 and 2-16 should be responsible in equal portions for the cost of major repairs to the outfall sewer running to the point where it connects to the public mains in the road. If the defect or blockage occurs in the common sewer running through the gardens of houses 13 or 16, the owners of those houses are entirely responsible for the necessary repairs. If the defect is due to settlement of the wall separating houses 3 & 5, the owners of those two houses are responsible. For housing estates not in public charge, the developer is responsible for this pipeline. Public common sewers which run through private lands via wayleaves, are the responsibility of the Local Authority and are normally protected by law from developing over.
6. What should be done in the event of a blockage? This usually depends on the location of the blockage as set out above. It is therefore important to deal with this under the following sub-headings: a) Private property Service connection to public sewer. In normal circumstances; this will be the responsibility of the property owner(s) affected, and would be a result most likely of the scenarios listed in section 2 above. In some cases, sewer rods (which may be bought in most hardware shops) may be sufficient to release the blockage. However, this depends on the nature and location of the blockage. In extreme cases; individuals may have to procure the services of a professional drain cleaning company to assist by jet cleaning using high-pressure hoses. Contact details of drain cleaning companies can be easily obtained through the phone books or through the internet. It is strongly recommended that property owners seek references and check insurance details prior to procuring any private company to carry out works on their property. b) Private property Private common drains. Access to such drains can sometimes be a problem as manholes on drains r unning through private gardens are very often covered over inadvertently by householders when landscaping their gardens or driveways. However, most properties should have at least one chamber (commonly referred to as an AJ) which will facilitate access to the drain. If the blockage occurs downstream of your property and affects a number of adjacent properties, it becomes a communal problem and all properties contributing to the flow are responsible for clearing the blockage. In this instance affected neighbours should come together to determine the location of the blockage by lifting any access chambers or manholes on the drain. It might be possible to clear the blockage by rodding the drain. However, if this fails the householders may decide to engage the services of a private drain cleaning company to unblock the drain. All costs related to this should be borne by all those contributing to the blockage. c) Private property Public common drains Public common drains generally provide drainage from one area to the public m ains elsewhere through private lands. Wayleaves are normally agreed with the landowners so as to allow the Local Authority the right to enter onto the lands for maintenance purposes. The Local Authority is responsible for the maintenance of all such mains.
d) Council House Service connection to public sewer. In such circumstances; the tenant will be responsible for clearing any blockage between their house and the public mains, or can seek assistance from the Housing Section of Kildare Local Authorities for extreme circumstances. The will not engage in assisting in such circumstances. e) Council House Common drains. In such circumstances; the tenants affected by such blockages should immediately contact the Housing Section of Kildare Local Authorities for assistance. The will not engage in assisting in such circumstances f) g) Estates not in charge. In normal circumstances, Kildare Local Authorities will not get involved in issues relating to blocked sewers in private housing estates until such time as when the estate is in the process of being taken into charge. If however such blockages are resulting in, or run the risk of causing environmental pollution to the local area; Kildare Local Authorities have the power to take remedial action, and seek the recoupment of any costs from the Developer through whatever means is necessary. Public Foul Sewers. If the sewer outfalls from yourself and your neighbours is blocked and you all have individual service connections, or you notice an overflowing sewerage manhole in the main road; the responsibility for this rests clearly with the Local Authority. You should contact Kildare Local Authorities immediately on the numbers at the end of this document for assistance.
7. When will Kildare Local Authorities get involved? 1. 2. 3. Private Drains Nuisance: Kildare Local Authorities may become involved depending on the type of nuisance being caused by the drain. Kildare Local Authorities has a responsibility to ensure that environmental damage is not being caused by any drain, either public or private. Private impact only Where the nuisance is caused by a service connection or private common drain and the impacts affect a private property or properties and can be resolved privately, Kildare Local Authorities will have no involvement. However, Kildare Local Authorities can be contacted for clarification on whether the blockage is occurring in a private drain or public sewer. Impact on the Public Where the nuisance caused by a service connection or private common drain impacts on a public area causing a public hazard, Kildare Local Authorities can take action. If the matter cannot be resolved amicably, Kildare Local Authorities has a number of options for the serving of legal notices under Public Health and Sanitary Services legislation. The proce dure in this instance would be as follows: Step 1) Kildare Local Authorities will instruct the relevant property owner(s) to resolve the matter. Step 2) If the owner(s) fail to act promptly, Kildare Local Authorities will intervene to resolve the nuisance with costs being recouped from the relevant property owner(s) contributing to the nuisance. The latter option is only used where Kildare Local Authorities has reason to believe that a serious risk to public or environmental health exists and it appears unlikely that the person(s) responsible will be able or willing to carry out necessary works at short notice. Legal action is only taken where all other remedies have failed. Legal action is complicated and can involve substantial costs to the parties involved. Note: An Authorised Officer of Kildare Local Authorities (as defined under the 2007 Water Services Act, and the Water Pollution Act 1990) may enter a private property at any time to carry out an inspection if he/she has concerns regarding the water services located within that property. 4. Public Sewer Blockage If having investigated the private drains and a blockage still persists; Kildare Local Authorities should be contacted as the blockage may be in the public sewer, giving rise to surcharging in the private drains. It should be noted that a charge of 500 will be made on the property owners if Kildare Local Authorities is called to a blockage reportedly on a public sewer and the problem is in fact a private one.
8. Contact Details Any person wishing to report a blocked public foul sewer, or seeking assistance with regards to a blocked public foul sewer can contact the following numbers: : 045-980362 ( Mon-Fri 9:00am-5:00pm) Housing Repairs Department: 045-980705 Environmental Complaints: 045-980588 24-hr Emergency Number: 1890-500333 (All other times)