BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
Statutory Rules of Northern Ireland |
||
|
You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) Regulations (Northern Ireland) 2003 No. 319 URL: http://www.bailii.org/nie/legis/num_reg/2003/20030319.html |
||
[New search] [Help]
| Made | 30th June 2003 | ||
| Coming into operation | 21st July 2003 |
of a consistency that allows it to be pumped or discharged by gravity at any stage in the handling process;
(2) In these Regulations, any requirement for a silo, slurry storage system, fuel storage tank or any other product to comply with a specified standard shall be satisfied by compliance with:
in so far as the standard, code of practice, international standard or technical specification in question enables the pollution prevention objectives pursued by the present Regulations to be met in an equivalent manner.
Making and storage of silage
3.
- (1) Subject to regulation 7, a person shall not have custody or control of any crop which is being made into silage or of any silage which is being stored unless -
(2) A person having custody or control of any crop which is being or has been made into silage in the manner described in paragraph (1)(b) shall not open or remove the wrapping of any bales within 10 metres of any waterway.
Storage of slurry
4.
- (1) Subject to paragraph (2), a person having custody or control of slurry shall store it in a slurry storage system in relation to which the requirements of Schedule 2 are satisfied or which is an exempt structure by virtue of regulation 6.
(2) Paragraph (1) shall not apply to slurry while it is stored temporarily in a tanker with a capacity not exceeding 18,000 litres which is used for transporting slurry on roads or about a farm.
Storage of agricultural fuel oil on farms
5.
- (1) Subject to paragraph (2), a person shall not have custody or control of fuel oil on a farm unless it is stored -
(2) Paragraph (1) shall not apply if the total quantity of fuel stored on the farm does not exceed 1,250 litres.
Exemptions
6.
A silo, slurry storage system or fuel storage tank is for the time being an exempt structure if -
and it has not ceased to be an exempt structure by virtue of regulation 8(1).
7.
- (1) Subject to paragraph (2), regulation 3 shall not apply where a person makes bulk bagged silage on a farm in bags which -
(2) A person shall not be entitled to rely on the exemption conferred by paragraph (1) unless that person stores any bags in which silage is being made or stored at a place at least 10 metres from any waterway.
(3) A person having custody or control of any crop which has been made into silage in the manner described in paragraph (1) shall not open or empty any bag in which silage has been made within 10 metres of any waterway.
Loss of exemption
8.
- (1) A structure to which the circumstances set out at regulation 6(a) apply shall cease to be an exempt structure if -
(2) Any reference in paragraph (1) to the period stated in a notice is to that period as extended if it has been extended under regulation 9(5) and any reference in that paragraph to a requirement of a notice is to that requirement as modified if it has been modified under regulation 9(5).
Notice requiring works etc.
9.
- (1) The Department may serve notice on any person, who has custody or control of any relevant substance in circumstances in which these Regulations apply, requiring that person to carry out such works, take such precautions or take such other steps as are specified in the notice and which, in the opinion of the Department, are appropriate, having regard to any requirements of these Regulations in relation to that substance, for reducing to a minimum any significant risk of pollution of water in a waterway or underground strata arising from the custody or control of that substance.
(2) The notice shall specify or describe the works, precautions or other steps which the person is required to carry out or take, state the period within which any such requirement is to be complied with and inform him of the effect in relation to the notice of regulation 10.
(3) Any period for compliance stated in the notice shall be such period as the Department may consider reasonable in the circumstances, but no period shall end earlier than on the expiry of the period of 28 days beginning on the day on which the notice is served.
(4) The works, precautions or other steps as may be specified or described in the notice may include the requirement to establish and implement any measures or procedures contained in the Code of Good Agricultural Practice for the Prevention of Pollution of Water and published by the Department of Agriculture and Rural Development.
(5) The Department may at any time -
Appeals against notices
10.
A person may appeal by notice in writing to the Water Appeals Commission against any decision by the Department under regulation 9 within 28 days from the date on which notice of the decision of the Department is given to him.
Notification requirements
11.
A person who proposes to have custody or control of any relevant substance which is to be kept or stored on a farm in a silo, slurry storage system or, as the case may be, fuel storage area constructed, substantially enlarged or substantially reconstructed on or after 21st July 2003 shall serve notice on the Department specifying the type of structure to be used and its location at least 28 days before it is to be used for such purpose.
Offences
12.
A person who contravenes regulation 3(1), 3(2), 4(1), 5(1), 7(3) or 11 shall be guilty of an offence and liable -
Sealed with the Official Seal of the Department of the Environment on
30th June 2003.
L.S.
Felix Dillon
A senior officer of the Department of the Environment
2.
The base of the silo shall, where the silo has retaining walls made other than of earth, extend beyond those walls and shall in all cases be provided with channels so constructed as to collect any silage effluent which may escape from the silo and adequate provision shall be made for the drainage of that effluent from the channels to an effluent tank through a channel or pipe.
3.
- (1) Subject to sub-paragraph (2), the capacity of the effluent tank -
(2) The effluent collection system associated with silos may, with the agreement of the Department, incorporate a system of pumps and sumps, together with detailed sizing, pumping and management requirements, designed to reduce the capacity of the effluent tank.
4.
The base of the silo, the base and walls of its effluent tank and channels and the walls of any pipes shall be impermeable.
5.
The base and any walls of the silo, its effluent tank and channels and the walls of any pipes shall, so far as reasonably practicable, be resistant to attack by silage effluent and, where the walls are made of earth, they shall be lined with an impermeable membrane.
6.
No part of the silo, its effluent tank or channels or any associated pipes shall be situated within 10 metres of any waterway.
7.
If the silo has retaining walls -
8.
Subject to paragraph 9, the silo, its effluent tank and channels and any pipes shall be designed and constructed so that with proper maintenance they are likely to satisfy the requirements of paragraphs 2 to 5 and, if applicable, 7(a) for a period of at least 20 years.
9.
Where any part of an effluent tank is installed below ground level, it shall be designed and constructed in accordance with the Code of Practice referred to in paragraph 7(a) so that with proper maintenance it is likely to satisfy the requirements of paragraphs 4 and 5 for a period of at least 20 years.
(2) Where it is proposed to dispose of the slurry on the premises by spreading it on the land, nothing in sub-paragraph (1) shall require the tank to have a greater storage capacity than is adequate, having regard to the matters mentioned in sub-paragraph (3) to store the maximum quantity of slurry which is likely to be produced in any continuous four month period.
(3) The matters to which regard is to be had under sub-paragraphs (1) and (2) are -
7.
No part of the slurry storage tank or any effluent tank, channels or reception pit shall be situated within 10 metres of any waterway.
8.
The slurry storage tank and any effluent tank, channels, pipes and reception pit shall be designed and constructed so that with proper maintenance they are likely to satisfy the requirements of paragraphs 2 to 4 for a period of at least 20 years.
9.
Where the walls of the slurry storage tank are not impermeable, the base of the tank shall extend beyond its walls and shall be provided with channels designed and constructed so as to collect any slurry which may escape from the tank and adequate provision shall be made for the drainage of the slurry from the channels to an effluent tank through a channel or pipe.
10.
- (1) Subject to sub-paragraph (2), where the slurry storage tank, any effluent tank or reception pit is fitted with a drainage pipe, there shall be two valves in series on the pipe and each valve shall be capable of stopping the flow of slurry through the pipe and shall be kept shut and locked in that position when not in use.
(2) Sub-paragraph (1) does not apply in relation to a slurry storage tank which drains through the pipe into another slurry storage tank of equal or greater capacity or where the tops of the tanks are at the same level.
11.
In the case of a slurry storage tank with walls which are made of earth, the tank shall not be filled to a level which allows less than 750 millimetres of freeboard, and in all other cases the tank shall not be filled to a level which allows less than 300 millimetres of freeboard.
(c) in any other case, a volume of fuel oil not less than whichever is the greater of -
3.
The bund and the base of the storage area shall be impermeable and shall be designed and constructed so that with proper maintenance they are likely to remain so for a period of at least 20 years.
4.
Every part of any fuel storage tank shall be within the bund.
5.
Any tap or valve permanently fixed to the tank through which fuel oil can be discharged to the open shall also be within the bund, shall be so arranged as to discharge vertically downwards and shall be shut and locked in that position when not in use.
6.
Where fuel from the tank is discharged through a flexible pipe which is permanently attached to the tank -
7.
No part of the fuel oil storage area or the bund enclosing it shall be situated within 10 metres of any waterway.
| By post from: | Countryside Management Division, DARD, Annexe D, Dundonald House, Upper Newtownards Road, BELFAST BT4 3SB |
| Website: | www.dardni.gov.uk |
| By post from: | Customer Services, British Standards Institute, 389 Chiswick High Road, LONDON W4 4AL |
| By telephone: | 020 8996 9000 / Fax: 020 8996 7001 |
| By Email: | [email protected] |
| Website: | www.bsi-global.com - please note that copies of the documents are not available from this Website. |
