From 1 April this year, farmers and crofters will need an authorisation from the Scottish Environment Protection Agency (SEPA) for the disposal into or onto land of waste sheep dip and other agricultural chemicals. For existing practices, there is a transitional period until 31 March, during which applications can be submitted to SEPA at a reduced fee.

Groundwater is present at various depths in all parts of Scotland. Groundwater and surface waters are intimately linked, so pollution of groundwater presents a real threat to Scotland's entire water environment. Chemicals like sheep dip are highly toxic to aquatic life, even at a very low concentrations.

Under the Regulations, an authorisation will be required for:

· disposal of waste sheep dip from static or mobile dippers and showers.

· disposal of waste pesticides and pesticide tank and equipment washings.

Before an authorisation can be granted, farmers must undertake a prior investigation of the disposal area.

Charges
Under the `polluter pays' principle, SEPA must recover the costs of enforcing the Regulations. There are two charges to be paid: a one-off application fee and an annual fee. SEPA has worked closely with The Scottish Office, NFUS and the Crofters Commission to make sure the charges are fair and equitable.

During the transitional period until 31 March 1999, the application fee is £120. From 1 April, the application fee will be £150. The annual charge will be levied on all authorisations in force. It will be worked out on the basis of the volume and type of chemicals involved.

For applications received by SEPA after 31 March, disposal of these substances will be illegal until SEPA has granted an authorisation. However, if SEPA has received a valid application by 31 March, current disposal activities can continue, so it is in the interests of farmers and crofters to submit their applications as early as possible. Application packs are available from all SEPA offices.

Farmers and crofters should act now! By submitting a valid application to SEPA before the end of March, they can take advantage of the reduced application charge, and can legally continue with existing disposal practices.



NOTES FOR EDITORS

New UK Regulations have introduced controls to prevent the pollution of groundwater by toxic substances such as sheep dip and other agricultural chemicals. From 1 April this year, the Groundwater Regulations 1998 mean that disposing of waste agricultural chemicals into or onto land will need to be authorised by the Scottish Environment Protection Agency (SEPA). The Regulations mean that the UK Government is meeting its obligations under the EC Groundwater Directive 1980.

Why is Groundwater important?
Groundwater is water held in underground layers of rock. Although only 3% of water supplies in Scotland are derived from groundwater, this figure is increasing and groundwater is present, at various depths, in all areas throughout the country.

Groundwater and surface waters are intimately linked. Pollution of groundwater by dangerous substances presents a threat to Scotland's entire water environment. This is particularly so with sheep dips and other agricultural pesticides, which can be highly toxic to aquatic life even at very low concentrations.

Once polluted, groundwater can remain unusable for a generation or more. It is sensible to prevent, or at least reduce, the risk of contamination, rather than have to deal with these consequences. Nowhere is this more true than in rural communities, many of which rely on groundwater for their drinking water supplies.

What do farmers have to do?
Farmers and crofters have to apply to SEPA for authorisation if they wish to dispose of waste agrochemicals into or onto their land. This includes:
· waste sheep dip from static or mobile dippers and showers, including dips used for parasitic and cosmetic purposes.; and
· waste pesticides and pesticide tank and equipment washings.

One authorisation is needed for each farm, holding or common grazings, but a number of disposal areas may be nominated per authorisation.

Applicants must do a prior investigation of the proposed disposal area(s). In most cases, they can do this by completing a Prior Investigation Flowchart (supplied by SEPA in the application pack). In assessing applications, SEPA needs to know details such as land use, soil type and the proximity of watercourses and drinking water supplies. More detailed information may be needed in high risk situations, such as areas where the groundwater is particularly vulnerable or if there are concerns over the volumes of waste that are to be disposed of.

A valid application must then be submitted to SEPA. "Valid" means submission of:
· a completed, signed application form;
· prior investigation flowchart(s);
· map(s) of the disposal area(s);
· the appropriate payment in full.

What is the cost?
Farmers have to pay two charges, a one-off application fee and an annual charge for each authorisation in force. The Regulations come fully into force on 1 April 1999 but there is a transitional period until 31 March during which applications for existing activities can be submitted to SEPA at a reduced charge.

Application charge
If valid applications for existing activities are made to SEPA before 1 April 1999, the disposal activity will be considered "authorised" until it is fully determined by SEPA. In effect this means that farmers and crofters can legally continue with their current practices. The charge per application during this transitional period is £120.

For applications made after this date, and for applications for new disposal activities, then carrying out the disposal or tipping activity is illegal until SEPA has determined the application and granted an authorisation. The charge for applications after 1 April 1999 is £150.

Annual charge
The annual charge is determined on the basis of the individual circumstances of each application. It is worked out by multiplying four factors: the volume of the chemical (undiluted), the content (type of chemicals), the nature of the receiving environment and a financial factor (£315 in 99/00; £410 the following year).

What do these charges pay for?
The Government has told SEPA that it must recover the costs of its regulatory work, in line with the `polluter pays' principle.

SEPA has worked closely with The Scottish Office and organisations such as the National Farmers Union of Scotland and the Crofters Commission to make sure that the charges are fair and equitable across all sectors and take account of geographical differences.

The charges enable SEPA to recover the costs involved in processing the applications, and, in the case of the annual charges, in the setting up of a groundwater monitoring network.

Other activities
In addition to the authorisation system, the Groundwater Regulations will also introduce new controls over non-disposal activities involving listed substances. As from the 1st of April, SEPA will have powers to serve notices relating to the manufacture, storage, transport, handling and use of listed substances where there is a risk of pollution. These notices may impose conditions on carrying out the activity or, in some cases, prohibit the activity due to the risk to groundwater. However, this should not be necessary if farmers/operators follow the guidance given in approved Codes of Practice. A number of these Codes, including a Code for sheep dipping, will be produced by The Scottish Office over the coming year.

Authorisation will not be needed for other agricultural activities, such as the land application of animal manures and livestock slurries, sewage sludge and other non-agricultural wastes, provided that these activities result in agricultural benefit and the use of pesticides for pest control.

What benefits do the Regulations bring?
The Groundwater Regulations will deliver environmental benefits. As well as helping reduce pollution, they will encourage innovative thinking on waste minimisation. The requirement for authorisation can be overcome by changing working practices and minimising the amount of waste sheep dip or pesticide produced.

What should farmers do?
Application packs are now available from all local SEPA offices. The packs include application forms, prior investigation flowcharts, compliance guidance notes, best practice guidance and groundwater vulnerability maps. Further technical advice and guidance on compliance is also available from SEPA local staff. Farmers and their agents are urged to submit their application to SEPA before 31 March 1999 in order to ensure they can continue with existing practices from April onwards, and can take advantage of the reduced application charge which applies until this date.