When treatment systems were first introduced to the market planning authorities, an Bord Plean�la, Environmental Officials, Construction Insurers etc. were adamant that they would not accept these products unless they incorporated essential safety features to prevent them reverting to a septic tank function by discharging untreated sewage in the event of power failure, system fault, shock load, failure to maintain, or the company ceasing to trade.

As these requirements made good environmental and consumer protection sense, bioCycle were pleased to adopt them and then have our system evaluated for performance by the Irish Agr�ment Board and a certificate of compliance with the Building Regulations issued by the National Standards Authority of Ireland. At that time it was assumed that incorporation of essential safety features would become the benchmark and an indispensable minimum requirement for all other wastewater treatment systems.

To our surprise and dismay, we discovered later that most other treatment system manufacturers have not been required to adopt the essential safety features for environmental and consumer protection, yet these systems were issued with a similar Agr�ment Certificate.

An inevitable consequence of this situation has been a "race to the bottom" in which unscrupulous suppliers manufactured or imported ever smaller, cheaper systems, many of which are so deficient in treatment capacity, let alone safety provisions, that the idea of them being fit for purpose as specified in the Building Regulations is frankly risible. All treatment systems are, by their nature, hazardous products, and each system type has health and safety dangers peculiar to itself. The General Product Safety Regulations requires suppliers of hazardous products to explain the dangers inherent in the product to potential purchasers, yet the Agrement Certificate, which is foisted on unsuspecting consumers as a sales brochure, makes no mention of this requirement.

Many requests have been made to the NSAI for an explanation as to the reasons why they no longer require basic safety and consumer protection criteria as a condition for certification. As yet no explanation has been given. The absence of these essential safety features means that such systems cannot comply with the Building Regulations, General Product Safety Regulations, or Consumer Law. This in turn renders such Agr�ment Certificates misleading, facilitating fraud and seriously exposing the environment, public health, consumers, specifiers and others in the construction industry.

As the Department of Environment have adopted Agr�ment into Statutory Law for Building Regulation compliance we requested that they provide advice for aggrieved homeowners who are victims of defective wastewater treatment systems. Their response was:

"The Department has no function in the interpretation of the Regulations or in assessing compliance, or otherwise, of specific products or works. Interpretation of the legislation is, ultimately, a matter for the Courts.

Enforcement of the building control is a matter for the local Building Control Authority. We suggest that you refer complainants to their solicitors for advice on claims for redress".

Somehow, this seems reminiscent of Marie Antoinette's alleged "let them eat cake" Unfortunately this is another issue for the legislators and the courts to rule on.