The Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 2003

Citation, commencement, interpretation and extent

1.—(1) These Regulations may be cited as the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 2003 and shall come into force on 1st December 2003.

(2) In these Regulations–

“the 2001 Regulations” means the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 2001(1);

“BS 5502” means the Code of Practice on Buildings and Structures for Agriculture published by the British Standards Institution and numbered BS 5502;

“construct” includes install and cognate expressions shall be construed accordingly;

“EEA State” means a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992, as adjusted by the Protocol signed at Brussels on 17th March 1993;

“farm” means land occupied as a unit for agricultural purposes;

“forage crop” means any crop grown as food for livestock;

“fuel oil” means oil intended for use as a fuel for the production of heat or power but does not include oil intended for use exclusively as a fuel for heating a farmhouse or other residential premises on a farm and which is stored separately from other oil;

“livestock” means–

(a)

any animals kept for the production of food or wool; or

(b)

any birds kept for the production of food;

“reception pit” means a pit used for the collection of slurry before it is transferred into a slurry storage tank or for the collection of slurry discharged from such a tank;

“relevant substance” means–

(a)

slurry;

(b)

any crop which is being made, or has been made, into silage; and

(c)

fuel oil;

“SEPA” means the Scottish Environmental Protection Agency;

“silage” means any forage crop which is being, or has been, conserved by fermentation or preservation (including the use of additives), or both, and which is intended for consumption by livestock;

“silage effluent” means–

(a)

effluent produced from any forage crop which is being made, or has been made, into silage; and

(b)

a mixture consisting wholly of or containing such effluent, rain or groundwater emanating from a silo, silage effluent collection system or drain;

“silo” means any structure used for making or storing silage;

“slurry” means–

(a)

excreta, including any liquid fraction, produced by livestock whilst in a yard or building; or

(b)

a mixture consisting wholly of or containing such excreta, bedding, feed residues, rainwater and washings from a building or yard used by livestock, dungsteads or middens, high level slatted buildings and weeping wall structures or any combination of these, provided such excreta is present,

of a consistency that allows it to be pumped or discharged by gravity at any stage in the handling process;

“slurry storage system” means–

(a)

a slurry storage tank;

(b)

any reception pit and any effluent tank used in connection with the slurry storage tank; and

(c)

any channels and pipes used in connection with the slurry storage tank, any reception pit or any effluent tank; and

“slurry storage tank” includes a lagoon, pit (other than a reception pit) or tower used for the storage of slurry.

(3) 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–

(a) a relevant standard or code of practice of a national standards body or equivalent body of any EEA State;

(b) any relevant international standard recognised for use as a standard by any EEA State; or

(c) a technical specification or code of practice which, whether mandatory or not, is recognised for use as a standard by a public authority of any EEA State,

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 Regulation to be met in an equivalent manner.

(4) In these Regulations, unless the context otherwise requires, any reference to a numbered regulation or Schedule is a reference to the regulation in, or Schedule to, these Regulations bearing that number and any reference in a regulation or Schedule to a numbered paragraph is a reference to the paragraph in that regulation or Schedule bearing that number.

(5) These Regulations shall extend to Scotland only.

(1)

S.S.I. 2001/206, amended by S.S.I. 2001/248.