Agricultural regulation
The Control of Pollution (Silage, Slurry and Agricultural Fuel
Oil) (Scotland) Regulations 2003
The aim of the Regulations is to reduce the number of silage and
slurry related water pollution incidents in Scotland. They have
been very successful in dairy farming and continue to provide an
important safeguard for the water environment.
The regulations require that suitably sited, designed and
constructed facilities are put in place to collect, store and
manage manures and slurries. They also set minimum standards for
new, substantially reconstructed, or enlarged structures, such as
silos and slurry stores.
The regulations allow for some discretion on how to construct
relevant structures, provided the minimum criteria are met and are
discussed with SEPA.
The agricultural fuel oil aspect of the 2003 regulations were
revoked in 2006, and are now covered by the Water Environment (oil
storage) (Scotland) regulations 2006.
The Water Environment (Oil Storage) (Scotland)
Regulations 2006
Oil pollution is a significant contributor to the total number
of pollution incidents recorded in Scotland. Many of these
pollution incidents have been attributed to inadequate storage and
management of oil. The Water Environment (Oil Storage) (Scotland)
Regulations 2006 are aimed at reducing oil related pollution
incidents in Scotland by setting required standards
which storage facilities must meet.
The regulations apply to any kind of oil and to any kind of
container, including fixed tanks, mobile bowsers and drums, which
are stored above ground, whether inside or outside a building.
The regulations set minimum standards that new and existing
above ground oil storage facilities must meet. These standards
relate to the siting and strength of the oil storage container and
require the provision of a secondary containment system together
with the standards that this must meet. This is not new to farmers
as similar provisions were introduced in 1991 for agricultural fuel
oil.
The following exemptions to the main requirements of the
regulations will apply:
- the storage of oil on premises used wholly or mainly as a
single private dwelling with an oil storage capacity of less than
2,500 litres. New or altered tanks should comply with applicable
regulations under the Building (Scotland) Act 2003
- the storage of oil in any container which is situated wholly
underground (unless situated within a building underground)
Where oil is stored in any portable container with a storage
capacity of less than 200 litres, the requirements are less
stringent. However, the container must be of sufficient strength
and structural integrity to ensure that it is unlikely to burst or
leak in its ordinary use.
The regulations are enforceable in three stages:
- new tanks installed after 1 April 2006 must have been compliant
by 1 October 2006
- existing tanks at significant risk (i.e. facilities that are
located within 10 metres of any surface water or 50 metres of a
borehole or well) will have had to comply by 1 April
2008
- any remaining, existing tanks will have to comply by 1 April
2010
The Waste (Scotland) Regulations 2005
Agricultural waste can pose significant risks to the environment
and human health if not managed appropriately. The types and
quantities of wastes vary between farms, and include: packaging,
silage plastics, redundant machinery, tyres, oils and
batteries.
Agricultural waste can be avoided or minimised through product
design, recycling schemes, for example (for waste silage plastics
and pesticide packaging), 'take-back' services for
veterinary/machinery wastes and improved management practices.
On 1 January 2005 the Waste (Scotland) Regulations 2005 brought
agricultural waste under the same regulatory regime as other
commercial activities. This means that farmers have a 'Duty of
Care' to ensure that they do not treat, keep, or dispose of
agricultural waste in a manner that could cause pollution of the
environment or harm to human health.
The Duty of Care requires:
- all waste is stored and disposed of responsibly
- waste is only handled or dealt with by individuals or
businesses that are authorised to deal with it
- a record is kept of all waste received or transferred through a
system of signed 'Waste Transfer Notes.
Due to the risks to the environment and/or human health, the
regulations now prohibit some waste management activities that were
previously common practice on farms such as burning waste in the
open, burying waste and putting waste in farm tips or the
household dustbin. However, provided an 'exemption' has been
registered with SEPA, there are certain activities, such
as burning brash, that farmers may still carry out.
Certain waste materials with hazardous properties are classified
as 'special waste' and are subject to additional controls to
protect the environment and human health. Examples of
hazardous wastes which may be managed on farms include asbestos
roofing, waste pesticides, sheep dip and waste oil. Movement of
special waste off farm requires the completion of a consignment
note and SEPA must be given at least 72 hours prior notice of
this.
Animal By-Products (Scotland) Regulations
2003
The disposal of animal carcasses on farms is a significant issue
for the environment, human and animal health. It is also
an important consideration in the spread of disease to other
livestock on the farm or on neighbouring farms.
Under the Animal By-Products (Scotland) Regulations 2003, local
authorities take the principal enforcement role, however SEPA has
an interest in the environmental risks associated with carcass
disposal.
The regulations contain provisions relating to the management
and disposal of animal carcasses or parts of animal carcasses. Most
significantly, there is a ban of routine on-farm burial or
open-burning of carcasses or parts of carcasses.
The only exceptions to this ban are in the case of disease
outbreak and disposal of animal remains in a designated remote
area. Even where burial or burning is permitted certain
restrictions will still apply, to protect human and animal health
and to safeguard the environment.
The Water Environment (Controlled Activities)
(Scotland) Regulations 2005
The overall aim of the Water Environment (Controlled Activities)
(Scotland) Regulations 2005 (CAR) is to protect and improve
Scotland's water environment.
The regulations require that activities involving discharges to
the water environment, abstractions, impoundments and engineering
works in inland waters and wetlands are authorised.
There are three different types of authorisation under CAR
proportionate to the risk posed by the
activity. Further information on CAR and how they may
apply to a particular activity is available in related items
above.
Diffuse Pollution Regulations for rural land use
The Scottish Government has published The Water Environment
(Diffuse Pollution) (Scotland) Regulations 2008. The new
regulations, in the form of
General Binding Rules (GBRs), came into force in April 08, and
are an amendment to the Water Environment
(Controlled Activities)
(Scotland) Regulations 2005 (CAR).
This new legislation is based on widely accepted standards in
codes of good practice such as the Prevention of Environmental
Pollution from Agricultural Activity (PEPFAA),
the Forests
and Water Guidelines and the 4
Point Plan
In addition, a provision in the Control of Pollution (Silage,
Slurry and Agricultural Fuel Oil) Regulations 2003 (SSAFO) has been
amended to permit lightly contaminated water from farm yards to be
drained to constructed farm wetlands.
Further information is available
in Diffuse Pollution Regulations Q & A.