The Sludge (Use in Agriculture) Regulations 1989

Regulation 3

SCHEDULE 1 TESTING OF SLUDGE

1.  Every sludge producer shall ensure that sludge produced by him and supplied for the purpose of use in agriculture is tested in accordance with this Schedule as soon as reasonably practicable after the operative date, and thereafter at intervals of not more than six months, and in any event where changes occur in the characteristics of the waste water being treated.

2.  Representative samples of sludge intended to be used on agricultural land shall be taken after processing, but before delivery to the user.

3.  Each sample shall be analysed so as to determine–

(a) the pH value thereof;

(b) the percentage content of dry matter, organic matter, nitrogen and phosphorus; and

(c) the concentration in milligrams per kilogram of dry matter of–

(i) chromium;

(ii) the elements listed in column 1 of the sludge table below.

4.  The average annual rate of addition referred to in regulation 3(4) shall be ascertained for each of the elements in the sludge table by taking the average amount of that element in the sludge used on that land in the period of ten years ending on the date of such use.

SLUDGE TABLE

(1)	(2)	(3)
Element	Kilograms per hectare per year	Limit of detection (mg/kg of dry matter)
Zinc	15	50
Copper	7.5	25
Nickel	3	10
Cadmium	0.15	1
Lead	15	25
Mercury	0.1	0.1

5.  The analysis requisite to ascertain the concentration of metals referred to in paragraph 3(c) above shall be carried out following strong acid digestion; the reference method of analysis shall be that of atomic absorption spectrometry, and the limit of detection for each metal shall not exceed the appropriate limit value specified in column (3) of the sludge table or, in the case of chromium, 25 milligrams per kilogram of dry matter.

Regulation 3

SCHEDULE 2 TESTING OF AGRICULTURAL SOIL

1.  The sludge producer shall ensure that agricultural soil is tested or assessed in accordance with this Schedule.

2.—(1) Where–

(a) sludge has been used on an agricultural unit before the operative date; and

(b) adequate scientific evidence is available as to the characteristics of the soil thereof, and the sludge used thereon, before that date;

an assessment shall be made as soon as possible after the operative date of the pH value of the soil as at that date, and the probable concentrations in the soil as at that date of–

(i) chromium;

(ii) the elements listed in column 1 of the soil table;

and the soil shall be tested not later than 31st December 1991.

(2) Subject to paragraph (1) above, the soil of agricultural land shall be tested–

(a) where sludge is to be used on that land for the first time after the operative date;

(b) as soon as may be after the twentieth anniversary of the date when the soil was last tested in accordance with this Schedule; or

(c) where the sludge producer is so requested in writing by the occupier of the land or by the Secretary of State, and not less than five years have elapsed since the soil was last tested in accordance with this Schedule.

3.  For each agricultural unit on which sludge is to be used, a representative sample of soil shall be obtained by mixing together 25 separate core samples, each taken to the depth of the soil or 25 centimetres, whichever is the lesser depth.

4.  Each representative sample shall be analysed so as to ascertain–

(a) the pH value of the sample;

(b) the concentration in that sample of the following metals–

(i) chromium;

(ii) the elements set out in the soil table below.

5.  For the purposes of regulation 3(4), the specified limit of concentration of elements in any representative sample, expressed in milligrams per kilogram of dry matter, is set out in the soil table below.

SOIL TABLE

(1)	(2)
Element	Limit According to pH of soil
	5.0<5.5	5.5<6.0	6.0–7.0	>7.0
Zinc	200	250	300	450
Copper	80	100	135	200
Nickel	50	60	75	110
	For pH 5.0 and above
Lead	300
Cadmium	3
Mercury	1

6.  The analysis requisite to ascertain the concentration of metals referred to in paragraph 4(b) above shall be carried out following strong acid digestion; the reference method of analysis shall be that of atomic absorption spectrometry, and the limit of detection for each metal shall not exceed 10% of the appropriate limit value specified in the soil table or, in the case of chromium, 25 milligrams per kilogram of dry matter.