Water Services Act 2007


F62[ Powers of inspectors.

70G. (1) For the purposes of carrying out an inspection under section 70H, an inspector may

(a) enter and inspect any premises connected to a domestic waste water treatment system,

(b) inspect, examine or test the course or condition of a domestic waste water treatment system, including any fixture, fitting, appliance, plant, drain, service or process associated with the treatment system,

(c) monitor any domestic waste water which is contained in or discharged from a premises or domestic waste water treatment system,

(d) take samples of any substance or thing associated with or discharged to or from, a domestic waste water treatment system,

(e) take photographs,

(f) carry out surveys, take levels and measurements, make excavations, take samples and carry out examinations of the depth and nature of subsoil,

(g) require information regarding the maintenance, servicing or operation of a domestic waste water treatment system from an owner or occupier of the premises or any person employed on the premises or any other person present on the premises,

(h) require the production of, or inspect, records or other documents (including records or documents stored in non-legible form) relevant to the maintenance, servicing or operation of a domestic waste water treatment system, or take copies of or extracts from, or take away if considered necessary for the purposes of inspection or examination, any such records or documents,

(i) require that the premises or any part of the premises or anything in the premises shall be left undisturbed for such period of time as may be necessary for carrying out the inspection.

(2) An inspector shall not, other than with the consent of the occupier, enter into a private dwelling under this section.

(3) The Agency or a water services authority may authorise any other person as it considers appropriate to accompany an inspector in the performance of his or her functions.

(4) Any certificate or other evidence given, or to be given, by an inspector in respect of any test, examination or analysis of any sample shall, in relation to that sample, be evidence, without further proof, of the result of the test, examination or analysis unless the contrary is shown.

(5) Any person who, following notification of an inspection by a water services authority

(a) refuses to allow an inspector to enter any premises or to bring any person or equipment with him or her in the exercise of his or her powers,

(b) obstructs or impedes an inspector in the exercise of any of his or her powers,

(c) gives either to an inspector, a relevant water services authority or the Agency, information which is to his or her knowledge false or misleading in a material respect, or

(d) fails or refuses to comply with any reasonable request or requirement of an inspector,

commits an offence. ]




Inserted (26.06.2012) by Water Services (Amendment) Act 2012 (2/2012), s. 4, S.I. No. 219 of 2012.