Tipperary councillors demand clarity on who is responsible for blocked drains

Public representatives have called for Tipperary County Council to take responsibility for the clearing of combined drains where tenants are impacted by blockages.

A motion to that effect was discussed by members of the authority at a July meeting.
Cllr Richie Molloy said the matter was a big problem, not only in council houses, but also in private estates as well.
He said problems had arisen with blocked pipes in Upper Irishtown and Kickham Street in Clonmel and when people rang Irish Water they were told it was not their responsibility.

Cllr Kieran Bourke praised council staff in Carrick for dealing with such matters.
He highlighted an instance in Carrick-on-Suir where residents got nowhere with Irish Water with a problem. They secured a private contractor at their own cost but were then told by Irish Water not to go near the work concerned.

FEAR
“Irish Water did not allow the residents to get it fixed. Elderly people are in fear of when the next blockage is going to be,” he said.
“This is the single biggest issue for every councillor. They are ignoring responsibility for their own network,” said Cllr Bourke when referring to Irish Water.
Cllr Siobhán Ambrose said the members should be given legal clarity on the issues raised.

RELUCTANT
Cllr Máirín McGrath, who tabled the motion, said the council should go back to the Government minister concerned and get clarity on the situation.
She said Irish Water was reluctant to take responsibility for such matters.
“Irish Water won’t do it and they won’t let residents do it. It is high time this is dealt with one way or the other,” said Cllr McGrath.

Cllr John Crosse said it was wrong to allow such a situation to continue as it was causing conflict between families and neighbours.
Cllr Marie Murphy said a commitment should be secured so that Irish Water would deal with such matters.

BUDGET REQUIRED
Sinead Carr, Housing Director said it was about who takes responsibility and who manages the situation and it was clear that a budget needed to be provided for it.
The members of the council were told, in a response to the motion tabled, that the housing section of the authority had clearly identified tenant responsibility in the Tipperary County Council tenant handbook and maintenance policy which includes items under plumbing repairs.

It incorporated - “clearing blocked drains, pipes or sewer.
“Maintenance of sewers between the dwelling and the main sewer line is the tenants responsibility. lf the problem is outside the curtilage of the property the first point of contact for all water supply or foul drainage issues is lrish Water.”

COMMON DRAINS
The response went on to explain that a common drain was a drain which collects wastewater (and, often, surface water) from one or more dwellings and discharges its contents to a public sewer in the control of Irish Water.
A common drain typically runs through the rear gardens (or, sometimes, the front gardens) of terraced dwellings.
Prior to the establishment of lrish Water in January 2014, each local authority assisted with the maintenance of these common drains whether they were in its local authority or private housing estates and this work was carried out by its water services teams and funded through the water services budget.

DIVERGENT VIEW
However, lrish Water has taken a divergent view and insists that it, as the water services authority, it has no responsibility for the maintenance of these common drains, whether in local authority or private housing estates.
This is a matter that the members have raised with Irish Water in the past and there has been some concessions, albeit unofficial, by Irish Water in that it will permit water services to intervene (typically, to clear a blockage) in hardship cases but, in many situations, this will be after water services surveying the locus, and commissioning a CCTV survey.