Paragraph 8 - The storage and spreading of sludge

What the legislation says:

8. —(1) The storage in a secure container or lagoon (or, in the case of dewatered sludge, in a secure place) of sludge which is intended to be used–

(a) in accordance with the 1989 Regulations; or

(b) for land treatment in reliance upon the exemption conferred by sub paragraph (2).

(2) The treatment with sludge of land which is not agricultural land within the meaning of the 1989 Regulations if–

(a) it results in ecological improvement, or in the case of the treatment of land used for non-food crops not grown in short term rotation with food crops, it enhances the growth of those crops; and

(b) it does not cause the concentration in the soil of any of the elements listed in column 1 of the soil table set out in Schedule 2 to the 1989 Regulations to exceed the limit specified in the corresponding entry in column 2 of the table.

(3) Sub paragraph (1) applies only if the following conditions are satisfied:–

(a) the sludge is stored at the place where it is to be used;

(b) the sludge is stored at a distance of not less than–

(i) 10 metres from any inland or coastal waters;

(ii) 50 metres from any well, borehole or similar work sunk into underground strata for the purpose of any water supply other than a domestic water supply; and

(iii) 250 metres from any well, borehole or similar work sunk into underground strata for the purpose of a domestic water supply;

(c) no sludge is stored to the extent that the volume stored exceeds ninety per cent of the available capacity of the container or lagoon where the storage takes place; and

(d) no sludge is stored for longer than 6 months.

(4) For the purpose of this paragraph, enhancement of crop growth or ecological improvement shall be construed in accordance with Schedule 2 to, and any guidance issued under regulation 17(11) of, these Regulations.

(5) In this paragraph–

(a) "the 1989 Regulations" means the Sludge (Use in Agriculture) Regulations 1989 ("the 1989 Regulations");

(b) "domestic water supply" has the meaning given by paragraph 7(5);and

(c) "sludge" has the meaning given by regulation 2(1) of the 1989 Regulations, and "used", in relation to sludge, has the meaning given by that regulation.

Registration Requirements:

8(1) - Storage of Sludge
Needs to be registered with SEPA but no fee is required. This exemption can be registered online and does not have to be renewed.

8(2) - Spreading of sludge
Must be notified to SEPA using the appropriate form and enclosing the correct fee.

Registration "expires" after 12 months unless a renewal notice has been received and registered by SEPA. A renewal notice should be submitted to SEPA at least 21 days before the registration is due to "expire".

Notification Forms:

8(1) - Storage of Sludge
This exemption can be registered online, however, establishments and undertakings can still use the paper form should they wish. This form should be sent to the Registrar at your local SEPA area office (addresses are given on the form)

8(2) - Spreading of sludge

Use WMX-FM8(2) - Form to register or renew a paragraph 8(2) exemption (130k)

Guidance:

WMX-TG8 - Technical Guidance Note for Paragraph 8 exemptions (52k)

Further information on Agricultural Benefit & Ecological Improvement can be found in Schedule 2 of the Waste Management Licensing (Scotland) Regulations 2011 .