Private Sewerage System

terryhobdell · 03-09-2014 12:45am #1

Mine is one of about 75 houses connected to a sewerage treatment facility installed in the late 1960s /70s by the original owner of the property who sold off individual sites. He installed the pipes and fresh water supply and each site purchaser paid for connection to the system together with an annual fee. There was never a management company and the water and sewerage system was owned by the original owner in his own name. Planning permission for each property was given by the Local Authority ( Wexford CC) who required each completed house to be connected to the system. They also grant the necessary discharge licence for the facility. About 4 years ago the owner stopped paying the ESB who subsequently cut off supply which one presumes stops the pumps and circulatory blades working. WCC took an action against the owner which has never been completed and appears to have been abandoned. It is impossible to get a response from WCC as to what they are now doing and as to where the sewerage is now going.(The tanks pumps etc. are on land which we have specifically been informed the owner we must not enter and is dangerous). A neighbour not on the sewerage system (or non system) wrote to WCC as to whether the sewerage was polluting the local beach where the stream the system discharges to runs. The Councils response was as it was not a designated bathing beach they did not monitor it. and that they were now carrying out a land registry search to prosecute the house owners discharging into the river. This seems a bit rich seeing as it has been the owners who have kept the council informed of the issue and have requested that some means of solving the obvious problem be found. Does anyone have a similar issue or views on a solution.

Ken. · 03-09-2014 1:08am

Sounds like a complicated problem. Can the 75 houses not set up a residents association and collect money and hire a solicitor to act on their behalf as one body?. Out of 75 households someone aught to know a good solicitor who won't screw them over.

Cuddlesworth · 03-09-2014 8:49am

ken wrote: »

Sounds like a complicated problem. Can the 75 houses not set up a residents association and collect money and hire a solicitor to act on their behalf as one body?. Out of 75 households someone aught to know a good solicitor who won't screw them over.

Might be a good idea, although I think the only outcome is to sue for damages.

TheBrigadier · 03-09-2014 9:29am

How is the sewage system working now?

Has the power been reconnected and plant working?

Lantus · 03-09-2014 9:43am

This is a common approach by local authorities. Builders, developers and other bodies are far too complicated and well protected to go after so they often just default to the weakest link which is the home owner regardless of whether it is their fault or not.

I know of one development in Dublin where the owners have been told that the fire alarm is missing but rather than go for the developer they will wait until the transfer of common areas to the management company and then unleash hell on them for non compliance once they are legally liable.

If the sewerage works is private property and you have no right of access or ability to maintain it then hard to see how its your problem legally.

The best solution would be to hold a public meeting with the owner and the residents and see what can be done. Get some costs together for the meeting, see what can be done and if people don't pay can they be cut off? Harsh I know but otherwise you get a situation where half of the decent hard working people in the estate end up subsidising the other scum bags who realise that there is no legal way they have to pay and fast cars and holidays are preferable when other mugs are happy to pay their bills for them. That could soon change when the s**t starts to rise....

terryhobdell · 03-09-2014 10:26am

Lantus wrote: »

This is a common approach by local authorities. Builders, developers and other bodies are far too complicated and well protected to go after so they often just default to the weakest link which is the home owner regardless of whether it is their fault or not.

I know of one development in Dublin where the owners have been told that the fire alarm is missing but rather than go for the developer they will wait until the transfer of common areas to the management company and then unleash hell on them for non compliance once they are legally liable.

If the sewerage works is private property and you have no right of access or ability to maintain it then hard to see how its your problem legally.

The best solution would be to hold a public meeting with the owner and the residents and see what can be done. Get some costs together for the meeting, see what can be done and if people don't pay can they be cut off? Harsh I know but otherwise you get a situation where half of the decent hard working people in the estate end up subsidising the other scum bags who realise that there is no legal way they have to pay and fast cars and holidays are preferable when other mugs are happy to pay their bills for them. That could soon change when the s**t starts to rise....

This is my worry that they will just go for the easy target ie the residents. To answer other comments we have spoken to a solicitor but to be frank I was not impressed I felt they were more interested in showing how many options there were and how clever they were. There is no sign that the power has been switched back on The owner has disappeared and is probably a man of straw. A number of the owners have established a committee The two options we see are to try to come to a financial arrangement with the council and either run the system ourselves or have the council take the system in charge and we will then be paying Irish Water something like €15,000 P.A running it ourselves has the obvious issue that some people will not pay as we wont have the powers of Irish Water to enforce payment. However there needs to be a dialogue with the council and that seems impossible to facilitate Can we sue them as the licenceee to bring to a head?

Lantus · 03-09-2014 12:37pm

You need to get good legal advice. I would also get the contract lease you signed when you bought the house and see what that says along with all other information that changed hands.

If the plant is all private property then its not clear how it would be taken in charge. Get the conditions of planning from the council and request whether this was going to happen? I'm not familiar with local authorities running privately built treatment plants at cost for the benefit of a small enclave of private owners.

The 'owner has disappeared' is probably the most worrying of all comments. If the legal owner is no where to be found how can anyone expect to resolve the situation? Does he live there or is the owner a developer and builder only and you are referring to him as an owner?

What are the immediate dangers? If the plant has been running for 4 years without power probably not much? what is the system make up, how does it work and where does it go. If it all runs down hill and away from you then nothing too much to worry about. Unless you are legally bound into the maintenance of this plant then don't see how a resident can be held accountable.

Bidd · 03-09-2014 1:41pm

Would the Environmental Protection Agency be able to advise?

Private Sewerage System

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