SEPA Interim position statement on spreading of slurry and
manure on waterlogged land out with the NVZ areas.
Last updated 21 October 2011
Farmers are being urged to contact SEPA if slurry stores are
becoming full. Farmers within an NVZ area
must contact SGRPID for guidance relating to the NVZ
regulations.
The generally wet and cool summer and autumn across
Scotland, has resulted in ground conditions which are unsuitable
for land mangers to take their harvest or silage cut and
consequently the ability to apply slurry and farmyard manure on to
land. In addition, slurry stores are filling rapidly as some cattle
have been housed since late August due to the poor weather
conditions. Application of slurry on waterlogged ground is in
contravention of Diffuse Pollution General Binding Rules under the
Controlled Activities Regulations (CAR). In exceptional and
emergency situations, SEPA is unlikely to take action provided
certain requirements are fully met.
SEPA will strike the balance between taking a pragmatic approach
and ensuring that the environmental risks are being effectively
managed. SEPA will engage with the sector to develop a sustainable
slurry management strategy into the future, including working
closely with NFUS.
Alternative options to land application should first be explored
by the farmer, including transferring to a storage facility
operated by a neighbour, or use of temporary storage tanks/pits
where these are available. However, in most cases it is expected
that these options will not be practical.
In the case of solid manures, these may be stored in temporary
field heap middens until conditions become more suitable for land
application as long as the temporary middens are not located with
10 metres of any surface water or farm ditch.
Where farmers must spread slurry on waterlogged ground in order
to alleviate the pressure on their stores, SEPA must be contacted
first. SEPA will then provide advice to farmers. SEPA may, if
there is less than 6 months storage, request a Farm Waste
Management Plan is prepared and also followed. This Plan
should outline proposals, timescale for implementation, and
contingencies to prevent any need for spreading on waterlogged
ground reoccurring. SEPA will also require that the following
is met if a farmer needs to spread manures or slurry on
waterlogged ground:
- Farmers must put their requests to spread in writing (by
letter, email or fax) to their local SEPA office. In urgent
situations, please telephone us initially.
- The farmer should calculate the amount of slurry that needs to
be removed from his stores, to provide up to 3 weeks capacity
within his system.
- Applications of slurry and manures should only be made to land
that is regarded as low risk. Care should be taken to select fields
that are flat or less than 5% slope, are the driest fields on the
farm, with ideally no watercourses or ditches as
boundaries.
- If the farmer has no choice but to apply to a field which has a
watercourse as its boundary, the slurry should not be applied
within 30m of this watercourse. Slurry applications should be
restricted to the centre and area of the field furthest away from
the watercourse.
- Farmers should do everything to minimise pollution, because if
pollution arises they could be liable for prosecution.
Spreading slurry especially this early in the autumn should be
kept to a minimum to minimise environmental risks. Farmers
will be expected to work with SEPA to address the insufficient
slurry storage capacity on the farm, through proposals for clean
dirty water separation, alternative treatment systems (e.g.
constructed farm wetlands), additional slurry storage or other
solutions. These farmers will be expected to increase slurry
storage and have contingency plans to prevent further reoccurrence
of the need to spread slurry or manure during unfavorable
conditions.
Diffuse Pollution General Binding Rules and NVZ
regulations
All cases of slurry and manure spreading on waterlogged ground
are breaches of the Diffuse Pollution General Binding
Rules. Any such breaches notified will be addressed by
SEPA. Depending on the scale of the problem and potential
pollution, SEPA will use various options including working with
farmers. If however farmers are negligent, SEPA will use the
Control of Pollution (Silage, Slurry and Agricultural Fuel Oil)
(Scotland) Regulations 2003, warning letters, enforcement notices
or possible legal action in extreme cases.
Farmers within NVZs must also contact SGRPID on any
issues relating to the NVZ Regs. Farmers in NVZs are already
expected to provide 22 or 26 weeks storage capacity, or make
alternative acceptable arrangements for slurry. All cases of
spreading slurry on waterlogged ground are breaches of the NVZ
regulations. There is no derogation for land managers to
undertake this activity within a NVZ during the closed
period.